Wage & Hour Archives - Page 8 of 12 - Kollman & Saucier P.A.

DOL Issues Final Rule Doubling the Salary Threshold for Overtime Exemption

Kollman & Saucier

05/18/2016

Later today, over two scoops of butter pecan, Vice President Joe Biden and United States Department of Labor Secretary Tom Perez will appear at an ice cream parlor in Ohio to announce that the DOL has issued a Final Rule that will allow more workers to qualify for overtime pay under the Fair Labor Standards Act (FLSA). The long-awaited final rule doubles the salary threshold at which a worker may qualify as exempt from receiving overtime. ...

Kollman & Saucier

04/29/2016

Wage & Hour

The United States Court of Appeals for the Fourth Circuit has ruled that casino trainees may be employees entitled to compensation under the FLSA when they are attending a pre-hire "training school" at a local community college. Harbourt v. PPE Casino Resorts Md. , LLC. The Court reversed a lower court decision dismissing the trainees' complaint, ruling that the facts plead in the complaint were sufficient to state a claim that the time spent in...

Kollman & Saucier

04/06/2016

Class Actions, Supreme Court Decisions, Wage & Hour

Class-action lawsuits are typically viewed as high-risk, high-reward endeavors. In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA). 577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...

Kollman & Saucier

01/31/2016

Employment Discrimination, Pregnancy Discrimination, Wage & Hour

This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws. Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...

Kollman & Saucier

01/22/2016

Agency Activity, Employer Liability, Joint Employer, Wage & Hour

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA). The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....

Garrett Wozniak

12/30/2015

Wage & Hour

Santa did not bring GEICO the gift it was hoping for this Christmas. On December 23, the Fourth Circuit issued its decision in Calderon v. GEICO Gen. Ins. Co., No. 14-2111, deciding that the insurance company’s fraud investigators perform non-exempt work under the Fair Labor Standards Act and, therefore, are entitled to overtime pay. The FLSA requires that employers pay overtime for each hour an employee works beyond 40 in a week. An employee...

Kollman & Saucier

09/20/2015

Unpaid Interns, Wage & Hour

Unpaid interns have long been a questionable group from a wage and hour risk perspective. In Schumann v. Collier Anesthesia, P.A., No. 14-13169 (11th Cir. 2015), the Eleventh Circuit joined the Second and Sixth Circuits in setting aside the "antiquated" Department of Labor six-factor internship analysis in favor of a more stringent "primary beneficiary" test. In Schumann, 25 unpaid student registered nurse anesthetists participated in a clinical...

Darrell VanDeusen

09/18/2015

Wage & Hour

That headline makes no sense, right? Well, according to the Fifth Circuit, it’s possible that employees who are required to take meal breaks away from their posts (or desk or cubicle, I suppose), may be entitled to pay for the time they spend “in transit” to the break site. Naylor v. Securiguard, Inc., 2015 U.S. App. LEXIS 16421 (5th Cir. Sept. 15, 2015). Security guards at the Mississippi U.S. Naval Air Station Meridian are required to...

Kollman & Saucier

07/10/2015

Independent Contractors, Wage & Hour

The United States Court of Appeals for the Second Circuit recently established a new test to determine whether an individual should be classified as an intern, and thus not subject to the FLSA and local wage and hour law. Rejecting the test employed by the Department of Labor (which filed an amicus brief with the appellate court), the Second Circuit’s new test is less rigid and seems, at least at first blush, to give more weight to the educational...

Kollman & Saucier

07/02/2015

Agency Activity, Wage & Hour

On June 30, 2015, the Obama Administration unveiled a long-anticipated proposed rule increasing the threshold amount required to be paid to certain salaried workers before they are exempt from receiving overtime. The current rule is that any salaried worker who earns below $455 a week or $23,660 per year (i.e., less than the poverty line for a family of four) must receive overtime. The proposed rule would more than double that to $50,440 (i.e. close...

< 1 … 3 4 5 6 7 8 9 10 11 12 >

Email Updates

DOL Issues Final Rule Doubling the Salary Threshold for Overtime Exemption

Deal Me In: Appellate Court Rules That Casino Trainees May Be Employees

Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

Check Casher Fails to Cash in on Overtime and Discrimination Claims

More On Joint Employer Status From The Department Of Labor

No FLSA Overtime Exemption for GEICO Fraud Investigators

Unpaid Student Nurses Get Clearance To Proceed With Wage Claims

Time To Get To Take A Meal Break May Be Compensable

Second Circuit Adopts New Intern Test

Obama Administration Seeks to More Than Double Salary Requirement for Overtime Exemption

Email Updates

Email Updates

Category: Wage & Hour

Email Updates