Tag: FLSA

time

6th Circuit Shows Fine Line Between Exempt and Nonexempt Duties

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that employees were sometimes exempt from receiving overtime but were not exempt other times. The deciding factor was a very slight difference between the discretionary authority exercised in each role.

New Rules for Internships

The U.S. Department of Labor (DOL) has updated its internship fact sheet to help employers determine whether interns and students working for “for-profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA).

arbitration

1st Circuit Reminds Employers to Ensure All Parties Have Agreed to Arbitration

Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]

minimum wage

Can Local Governments Set Higher Minimum Wage Than the State?

Throughout the country, much has been made of varied initiatives to increase the minimum wage from its current level under federal law to higher levels. Many commentators frequently propose $15 an hour as the new minimum wage, and some municipalities throughout the country have enacted local ordinances to push their minimum wage higher than the federal […]

marijuana

Marijuana Mainstream: Should It Be Treated Like Tobacco for Overtime Purposes?

The legalization of marijuana poses more conundrums for employers than just the challenges caused by employees’ use of the popular herb. While most employers in states like Nevada, where marijuana is legal both medicinally and recreationally, worry about whether they can terminate an employee for lawfully using weed, others are asking whether they are required […]

trump

Review of the Trump Administration’s First Year: Immigration, Wage and Hour Enforcement

The past year has included many expected moves by the Trump administration, such as the reversal of some of the National Labor Relations Board’s (NLRB) controversial decisions under the Obama administration, as well as several unexpected developments among several agencies.

commission

6th Circuit Court’s Decision Provides Guidance on Draw-on-Commission Policies

In a recent decision, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—held that an employer’s week-to-week, commission-only pay system was generally valid. However, it was illegal for the company’s policy to state that employees had to repay immediately upon termination draws that had been given during employment.

Employers’ Flu Worries Go Beyond Germs, Attendance

This year’s influenza outbreak has sickened millions of people across the country, leaving employers struggling to cover for employees who are out sick and searching for ways to prevent others from coming down with the flu. But dealing with germ control and sick days is only the beginning. Legal issues also can come into play.