Tag: FLSA

FLSA: Do Tipped Workers Have a Minimum Wage Claim?

by Steven L. Brenneman Employers with workers who earn tips have long struggled with adhering to special rules for tipped employees, especially when those employees may also perform duties that don’t produce tips. A recent decision by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides some much needed clarity and comfort […]

Not Fair! California Fairground Employer Faces Overtime Claims

by Matthew A. Goodin, Epstein Becker & Green, P.C. Both federal and state law requires employers to pay employees overtime. However, the laws are very different, and each contains many exemptions. Some of the more common exemptions, such as those for professional, administrative, or executive employees, are similar under both laws. But even then, there […]

Christmas Vacation, free beer, and the FLSA

by Boyd Byers In the holiday classic National Lampoon’s Christmas Vacation, family patriarch Clark Griswold is distressed because he has not yet received his Christmas bonus, which he is counting on to cover a check he wrote for a new swimming pool. Finally, on Christmas Eve, a courier arrives with a delivery. As his family […]

overtime

‘Unlawful’ Overtime Rule Temporarily Blocked

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) overtime rule November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

Employer’s Reliance on Team Leaders’ Suggestions Dooms FLSA Claim

By Bonnie M. Boryca The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding […]

Does Withholding Final Wages Create FLSA Claim?

By Raanon Gal, Taylor English Duma LLP The U.S. 11th Circuit Court of Appeals— which covers Alabama, Florida, and Georgia—recently ruled whether an hourly computer employee whose employer withheld his final 3 weeks had a minimum wage claim under the Fair Labor Standards Act (FLSA).