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 of Labor proposes to revise “a number of out-of-date regulations” under the Fair Labor Standards Act and the Portal-to-Portal Act.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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Loan officers who were classified as non-exempt under the Fair Labor Standards Act, and were paid minimum wage and guaranteed overtime which was treated as a draw and offset from future commissions, may be entitled to additional compensation rules a federal district court in Minnesota. Read more

Requiring wait staff to pool and share tips with kitchen or “back of the house” employees does not violate the Fair Labor Standards Act if the employer is not taking the tip credit to pay tipped employees less than the minimum wage, the Ninth Circuit declares. Read more