Tag: FLSA

FLSA: Exotic Dancers Are Employees, Not Independent Contractors

By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]

Blacklisting Rule Halted Ahead of Effective Date

The so-called blacklisting rule will not take effect on October 25, 2016 as planned. A federal district court Monday night granted a request to temporarily halt the regulation requiring federal contractors to report employment law violations to agencies that award contracts (Associated Builders and Contractors of Southeast Texas, et al. v. Rung, No. 1:16-cv-00425 (E.D. […]

Court Fast-Tracks Suit Challenging Overtime Rule

Update: A ruling on the injunction hearing held on November 16 is expected on November 22. We will provide coverage on the ruling once it is issued. A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. It has scheduled oral arguments for November 16, […]

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DOL Tip Pool Regs Can Stand, Split Appellate Court Says

By Kate McGovern Tornone, Editor The U.S. Department of Labor’s (DOL’s) limits on tip pools are valid, the 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—reaffirmed September 6, denying a request for it to reconsider its opinion on the issue.

IRS Announces Special Per Diems, High-Cost Locales for FY 2017

The Internal Revenue Service (IRS) updated its special per diem rates for the transportation industry, incidental expenses, and the “high-low” substantiation method. These rates, announced September 26 in Notice 2016-58, apply to allowances paid to employees on or after October 1 for travel on or after that date.

Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.