The US Department of Labor (DOL) has finalized a new rule expanding the number of employees entitled to receive overtime pay for work in excess of 40 hours in a regular workweek, by doubling the salary needed for executive, administrative, and professional workers to qualify as exempt and by raising the compensation needed to qualify
New era of representative evidence? Time will tell
On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act (FLSA) class certification. The opinion discusses several limiting factors that employers will no doubt argue constrains its applicability, especially outside the FLSA context.
US Department of Labor exposes more business as joint employers
On the heels of the National Labor Relations Board’s landmark decision in Browning Ferris Industries, which found that under the National Labor Relations Act a company and its contractor can be seen as a joint employer even where the company does not exert any control over employees’ terms and conditions of employment, the Department
US Supreme Court declines to review FLSA pleading standards
On April 20, 2015, the United States Supreme Court denied the petition for certiorari in Landers v. Quality Communications, Inc.
At issue in the case was the level of detail that plaintiffs seeking overtime payments under the Fair Labor Standards Act (“FLSA”) must allege in order to survive a motion to dismiss.
Greg Landers sued Quality Communications, Inc., his employer, alleging that Landers sometimes worked in excess of forty hours a week without receiving overtime pay in violation of the FLSA.
Obamacare: does it hide a potent whistleblower pill?
The Affordable Care Act (ACA)—or “Obamacare”—has gotten plenty of attention due to technical glitches with the HealthCare.gov website, consumers’ difficulties obtaining (or keeping) insurance through the exchanges, and Health Secretary Sibelius’s recent resignation.
But some notable provisions of the ACA have gone largely unremarked—particularly an amendment to Title 29 of the U.S. Code.
Added by