Tag Archives: Fair Labor Standards Act (FLSA)

U.S. Department of Labor issues new opinion letters on overtime compliance with varying average hourly rates and on volunteerism

The Acting Administrator for the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued two new opinion letters on Friday, December 21, 2018. The first opines on whether a home health aide service’s compensation plan, which pays an average hourly rate that may vary from workweek to workweek, complies with the Fair Labor Standards … Continue Reading

New York Employment Roundup: March & April 2015

This post was written by Cindy S. Minniti and Mark S. Goldstein. Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what … Continue Reading

Pennsylvania Requires Court Approval for Enforcement of Wage/Hour Settlements Under FLSA

As previously reported, the Fifth Circuit recently enforced a private settlement of certain FLSA claims. More recently, however, Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania reached the opposite conclusion and agreed with the majority view of courts that unsupervised FLSA settlements are not enforceable.… Continue Reading

Fifth Circuit Approves Private Settlement of FLSA Claim

Recently, the Fifth Circuit created a crack in a thirty-year old doctrine, based on the Eleventh Circuit’s Lynn’s Food Stores, Inc. v. United States decision and followed by nearly all federal courts, that wage and hour claims brought by individuals under the Fair Labor Standards Act (“FLSA”) can be settled only with the signoff of … Continue Reading

Close Counts in Horseshoes, Hand Grenades and Sales: Supreme Court Holds Pharmaceutical Representatives Exempt Under FLSA

On June 18, 2012, the U.S. Supreme Court resolved a split among the U.S. Circuit Courts of Appeals, holding that pharmaceutical sales representatives are exempt outside sales employees under the Fair Labor Standards Act (“FLSA”). Thus, such employees are not entitled to overtime protection.… Continue Reading

U.S. Supreme Court Finds Oral Wage Complaints Protected From Employer Retaliation

The United States Supreme Court has held that under the Fair Labor Standards Act (“FLSA”), the federal law that requires proper payment of wages and overtime pay, an employer cannot retaliate against an employee who complains about a possible violation of that law, even where the complaint is oral rather than in writing. Kasten v. … Continue Reading

U.S. Department of Labor Issues Guidance on Requirement That Employers Provide Nursing Mothers With Breaks and Places To Express Breast Milk

This post was also written by Daniel J. Moore. A little-noticed provision of the 2010 health care reform legislation requires employers to provide nursing mothers with “reasonable break time” to express breast milk for one year after a child’s birth.  Section 4207 of the Patient Protection and Affordable Care Act (P.L. 111-148), 29 U.S.C. § 207(r)(1) … Continue Reading
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