Tag: FLSA

DOL Announces Return of PAID Program

The Department of Labor (DOL) recently announced the return of the Payroll Audit Independent Determination (PAID) program. PAID is a voluntary compliance initiative that helps employers resolve inadvertent violations of the Fair Labor Standards Act (FLSA)—such as unpaid overtime or minimum wage—without litigation or civil monetary penalties. This announcement extended the reach of PAID to […]

Give Me A Break! Meal and Rest Break Requirements Governed by State Law

Q: Are there any exceptions to meal and rest break requirements? Can we allow employees to waive their meal breaks if they work six hours instead of eight? Federal law doesn’t require employers to provide employees with meal and rest breaks. Requirements for such breaks are often addressed under state law. As a result, break […]

How Does Overtime Under the FLSA Work for Employees Outside the U.S.?

Q: If we send an employee to another country for a three-month assignment, are we required to pay overtime under the Fair Labor Standards Act (FLSA), or can we just pay a daily rate? Must we follow the pay regulations of the country the employee will be working in? Employers aren’t required to pay overtime […]

Navigating Recent Changes to California Wage and Hour Laws

The recent changes to California’s wage and hour laws have significant implications for employers operating within the state. While the reforms are aimed at providing clearer guidelines for employers, there are still complex issues that HR professionals and employment lawyers must address. Key updates that affect your organization and what you can do to stay […]

FLSA

Navigating FLSA Exemptions: Understanding the Preponderance of Evidence Standard 

The Supreme Court’s recent opinion in E.M.D. Sales Inc. et al. v. Carrera et al., No. 23-217, 2025 WL 96207 (U.S. Jan. 15, 2025) provides clarity for employers navigating the complexities of exemptions to the Fair Labor Standards Act (FLSA). This ruling set the “preponderance of the evidence” standard as the benchmark for proving exemptions, […]

Origin of the 40-Hour Week: Does This Structure Still Make Sense Today?

In recent years, many businesses—in fact, even entire countries have made significant moves toward the implementation of a four-day workweek. With so much interest in a shift to a four-day workweek in recent years, it’s worth considering how we got to our current status quo. What’s so special about five days and 40 hours? Has […]

Kanye’s Wife’s Grammy Dress Provides a Lesson in Dress Codes

During the biggest night in music, the 2025 Grammy awards ceremony, Kanye’s wife, Bianca Censori, caused quite a commotion by walking the red carpet when she removed her coat to reveal . . . just about everything. Her dress, if you can call it that, was completely sheer. And after I uttered, “Well, that’s a […]

4 Crucial Errors in Your Compliance Approach to Hiring 

When it comes to hiring, compliance isn’t just a legal hoop to jump through; it’s about building a foundation of fairness, equity, and legality in your recruitment process. However, even well-intentioned organizations can stumble into common pitfalls that compromise their compliance efforts. From anti-discrimination laws to wage regulations, the legal landscape governing hiring practices is […]

Tipped Over: Fifth Circuit Vacates the DOL’s Rule for Tipped Employees

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]

EntertainHR: Twisters Reminds Employers to Be Weather (and Employment Law) Aware

Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for? I’m an employment lawyer living in the heart of tornado alley. So, I know a thing or two about tornados and what to […]