Articles Posted in flsa

The DOL has made it easier for employers to avoid paying interns by abandoning their six-part test for distinguishing between interns and employees. The updated fact sheet was released today. You may view it here.

This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act. The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant differences in opinions issued…

Something to consider as we gear up for college sports. (View Article)

The Fair Labor Standards Act (FLSA) includes a provision that prohibits employers from retaliating against employees who file complaints against the employer with a government agency. For years, court across the country, including the Federal Appeals Courts remained split about whether this protection extended to employees who made complaints to their private employer, as it…

Have you ever been told to report fewer hours on your time card than you actually worked?  Employees were given a much need break when the Eleventh Circuit Court recently ruled against an employer that encouraged under-reporting of overtime work.  In the case of Bailey v. Titlemax of Georgia, the facts were presented as follows: The…

How do you prove you worked? Under the Fair Labor Standards Act, employers must compensate employees for any work that the employer did “suffer or permit” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for overtime work that they…

Every day, countless employees undergo security screenings before and after their work shifts. While many of these individuals believe that their employers should pay for the time it takes to complete these screenings, the Supreme Court disagrees under certain circumstances.  In a unanimous decision, the Court held that security screening time is non-compensable, because it…