This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act.
The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant ... Read More
Tag: fair labor standards act
06
May2015
Proposed revisions to Section 13(a)(1) of the federal Fair Labor Standards Act are coming under scrutiny as some question the Department of Labor’s (DOL) authority to create legislation. U.S. Secretary of Labor Thomas Perez recently announced that the agency submitted a proposal to the Office of Management and Budget (OMB) ... Read More
May 6, 2015Philip Gordon
23
Apr2015
The Fair Labor Standards Act (FLSA) includes a provision that prohibits employers from retaliating against employees who file complaints against the employer with a government agency. For years, court across the country, including the Federal Appeals Courts remained split about whether this protection extended to employees who made complaints to ... Read More
April 23, 2015Philip Gordon
10
Mar2015
Have you ever been told to report fewer hours on your time card than you actually worked? Employees were given a much need break when the Eleventh Circuit Court recently ruled against an employer that encouraged under-reporting of overtime work. In the case of Bailey v. Titlemax of Georgia, the facts ... Read More
March 10, 2015Philip Gordon
21
Jan2015
How do you prove you worked?
Under the Fair Labor Standards Act, employers must compensate employees for any work that the employer did “suffer or permit” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for ... Read More
January 21, 2015Philip Gordon
09
Dec2014
Every day, countless employees undergo security screenings before and after their work shifts. While many of these individuals believe that their employers should pay for the time it takes to complete these screenings, the Supreme Court disagrees under certain circumstances. In a unanimous decision, the Court held that security screening ... Read More
December 9, 2014Philip Gordon