Class waivers in arbitration agreements, unpaid internships and the wave of recent wage and hour litigation topped the agenda at a May conference session at Minnesota CLE’s Upper Midwest Employment Law Institute. This week’s Feature from CCH Daily Document Update reports on the significant cases and trends involving the Fair Labor Standards Act from both the plaintiff’s and defense counsel perspective.

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The recent bad weather can create problems for employers, particularly if the business had to shut down for a period of time due to flooding or electrical outage. One common issue involves payment of employees if businesses are forced to close. This week’s Feature is a white paper from HRN Performance Solutions on emergency closures and paying exempt and non-exempt employees.

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The U.S. Wage and Hour Division has released two question and answer factsheets providing information on common issues that arise when workers come down with the flu and the impact on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act. Read more

When an employer changes its shift schedule to accommodate employees, the mere fact that pay rates were changed between the old and new scheduling in an attempt to keep overall pay revenue-neutral, does not establish a violation of the Fair Labor Standards Act’s overtime pay requirements, the Ninth Circuit rules.

The employer in the case had scheduled its employees to work almost exclusivel Read more

An “escrow manager” classified as an administrative employee by the employer can proceed on her claim of unpaid overtime and retaliatory discharge under the Fair Labor Standards Act, rules a federal district court in Arkansas.

The case involves a claim by a real estate transaction employee who was paid a salary Read more

Managers who had “control and custody of the [employees], their employment, and their place of employment” at the company, can be held individually liable for unpaid wages under the Fair Labor Standards Act despite the bankruptcy of the business, the Ninth Circuit rules.

The company had initially fil Read more

A trainee who spent two weeks attending flight attendant training required by an airline employer who subsequently hired her is not entitled to be paid for that training time under the Fair Labor Standards Act, a federal district court in Seattle rules.

The court applies a six-facto Read more

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Two employers operating related restaurants must pay liquidated damages to employees who were not properly paid for overtime while working in dual restaurants, the Eighth Circuit rules.
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A nursing home failed to properly compensate employees for travel expenses and non-work time spent receiving treatment pursuant to the Occupational Safety and Health Administration’s Bloodborne Pathogens Standard, the Third Circuit decides.
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The U.S. Dept. of Labor proposes to revise “a number of out-of-date regulations” under the Fair Labor Standards Act and the Portal-to-Portal Act.
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The U.S. Dept. of Labor has recently posted several new opinion letters responding to inquiries concerning a variety of common wage-hour issues.
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An employee who frequently complained about his work hours and lack of overtime pay, then subsequently told to accept his working conditions without complaining, resign, or be terminated has stated a claim for constructive discharge in retaliation for asserting his Fair Labor Standards Act right to overtime pay, a federal district court rules.
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The U.S. Dept. Read more

In an unanimous decision, the U.S. Supreme Court affirms a Dept. of Labor rule which exempted “companionship workers” from the minimum wage and overtime requirements under the Fair Labor Standards Act, even if the workers were employed by a third party agency.
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