U.S. Department of Labor Issues COVID-19 Guidance on FLSA and FMLA
3/20/20
By: Catherine Scott
As the federal government continues to grapple with questions from employers regarding COVID-19, the federal agencies have begun to roll out new guidance. The latest comes from the U.S. Department of Labor (DOL), which has issued guidance …
Securing the Bag: California Supreme Court Rules Exit Searches Compensable
3/2/20
By: Gregory Blueford
Shunning the position of the United State Supreme Court’s decision in Busk v. Integrity Staffing Solutions, Inc., the California Supreme Court has ruled that time spent on the employer’s premises waiting for and undergoing company-mandated exit searches …
PA Supreme Court Elevates State Pay Standards Above the FLSA on Fluctuating Work Week
2/12/20
By: Justin Boron
Going forward, Pennsylvania employers should be wary of relying on federal rules for their pay policies.
As a general principle, courts and regulators interpret Pennsylvania’s wage and hour laws consistently with the Fair Labor Standards Act. But …
DOL Releases New Overtime Rule And Increases Minimum Salary To $35,568
9/30/19
By: Brad Adler
On Tuesday, September 24, 2019, the U.S. Department of Labor released its long-awaited new minimum salary threshold for the Fair Labor Standards Act’s white collar exemptions (i.e., executive, administrative and professional exemptions). Under the new rule, which …
10/22/18
By: Brad Adler & Hillary Freesmeier
While retail employers have tightened up their wage and hour practices, there are still too many companies in the retail industry, including fast food and fast casual employers, that have failed to take inventory …
Is Wellness Activity Participation Compensable?
9/25/18
By: Joyce Mocek
The Department of Labor (DOL) recently issued an opinion letter on whether employees must be compensated under the Fair Labor Standards Act (FLSA) for the time they spend participating in wellness activities. In this inquiry, the employer …
9/19/18
By: John McAvoy
On July 6, 2018, a nonprofit restaurant advocacy group filed suit against the U.S. Department of Labor in Texas Federal Court challenging the rule that governs the compensation of tipped employees; specifically, the DOL’s “80/20 Tip Credit …
Arbitration Agreement Litigation Wins Continue to Fall Like Dominoes for Pizza Hut
6/26/18
By: Tim Holdsworth
Following the Supreme Court’s opinion in Epic Systems that class and collective actions waivers in arbitration agreements are enforceable, a federal court recently granted a motion to compel arbitration to one of the nation’s largest Pizza Hut …
Coffee, Water, Less Than 20 Minutes
6/19/18
By: John McAvoy
On June 11, 2018, the U.S. Supreme Court refused to entertain the appeal of a Pennsylvania employer that could have resolved the emerging split of authority between the federal …
PA Fed. Ct. Finds UberBLACK Limousine Drivers Maintain Independent Contractor Status
4/30/18
By: John P. McAvoy
On April 12, 2018, Uber Technologies, Inc. won its legal battle on the recurring issue of independent contractor misclassification when the Eastern District of Pennsylvania granted the company’s motion for summary judgment in Razak v. Uber …
Bonus or No Bonus? California Supreme Court Clarifies Calculation of Overtime
4/16/18
By: Christine C. Lee
Calculating the correct overtime pay rate for non-exempt employees just got a little more complicated for California employers who elect to pay bonuses. In the recent case of Alvarado v. Dart Container Corporation of California, …
Service Advisors Once Again Exempt From Overtime
4/3/18
By: Brad Adler & Michael Hill
After years of back and forth in the lowers courts, the Supreme Court has ruled that service advisors at auto dealerships are exempt employees under the Fair Labor Standards Act (“FLSA”). It’s the rare …