Tag: Fair Labor Standards Act
-
Employment Law & Litigation
DOL Announces 1.3 Million American Workers Eligible for Overtime
- September 26, 2019
- By Allen & Gooch
How to Prepare for the Changes to the Executive, Administrative and Professional Exemption? The Department of Labor issued a final rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements. The final rule is effective on January 1, […]
-
Maritime Casualty
Seamen May Be Exempt from FLSA Overtime Rules
- March 28, 2016
- By Allen & Gooch
Overtime Rules Under the FLSA The Fair Labor Standards Act (“FLSA”) requires that some employees be paid at least “one and one-half times” their regular wages for time worked over 40 hours in a workweek. 29 U.S.C. § 207(a)(1). However, the FLSA has an exemption for employees who are classified as “seamen.” 29 U.S.C. § […]
-
Business Litigation
White Collar Exemptions – Rule Changes to Wage Requirements
- March 23, 2016
- By Allen & Gooch
July 2016 Timeline for Final Rule on White Collar Exemptions As many employers are aware, the Department of Labor (DOL) has proposed a rule change to the white collar exemptions for minimum wage and overtime requirements. The proposed rule updated the minimum compensation and salary levels to qualify for the white collar exemption from the […]
-
Employment Law & Litigation
Title VII Pregnancy Bias Claim Requires More than Temporal Proximity
- February 15, 2016
- By Allen & Gooch
The U.S. Fifth Circuit Court of Appeals affirmed the district court’s decision in Fairchild v. All American Check Cashing, Inc. that the employer had not violated the Fair Labor Standards Act (“FLSA”) or Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. Fairchild v. All American Check Cashing, […]
-
Business Litigation
Protections for Nursing Mothers in the Workforce
- January 20, 2016
- By Allen & Gooch
As of 2010, the Affordable Care Act amended the Fair Labor Standards Act (FLSA) to include requirements that employers covered by the FLSA accommodate non-exempt employees. The statute requires: 1) Reasonable break time for an employee to express breast milk for one year after the child’s birth each time the employee needs to express milk; […]
-
Employment Law & Litigation
SCOTUS Hears Argument on Compensable Time under FLSA
- October 30, 2014
- By Allen & Gooch
Is time spent in security screenings compensable time? On October 8, 2014, the United States Supreme Court heard arguments in Integrity Staffing Solutions, Inc. v. Busk, a case that considers the issue of whether time spent by an employee in security screenings is compensable under the Fair Labor Standards Act, as amended by the Portal […]
-
Employment Law & Litigation
FLSA Outside Sales Exemption: Recent Favorable Ruling for Employer
- April 8, 2014
- By Allen & Gooch
Federal Court Rules Loan Officers are Exempt from Overtime Prospect Mortgage faces more than one hundred cases on whether loan officers were exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). Prospect has argued that the loan officers were exempt from the FLSA overtime provisions because the primary duties […]
-
Employment Law & Litigation
Employees Not Owed Compensation for Changing Into Protective Gear
- February 6, 2014
- By Allen & Gooch
Unanimous Ruling by the Court In a 9-0 opinion by Justice Scalia, the United States Supreme Court ruled in Sandifer v. U.S. Steel that employees were not owed compensation for the time spent donning protective gear. The petitioners sought back pay under the Fair Labor Standards Act Sec. 203(o) for the time taken to put […]
-
Employment Law & Litigation
SCOTUS: Sandifer v. United States Steel Addresses 40 Hour Work Week
- January 27, 2014
- By Allen & Gooch
UPDATE: SCOTUS RULES NO COMPENSATION OWED FOR TIME SPENT CHANGING INTO PROTECTIVE GEAR. CLICK HERE TO READ FOLLOW-UP ON THE COURT’S DECISION. Changing Clothes Under the Fair Labor Standards Act On November 4, 2013, the US Supreme Court heard oral arguments on what constitutes “changing clothes” within the meaning of Section 203(o) of the Fair […]
-
Employment Law & Litigation
Arbitration Agreements with Class Action Waivers Violate NLRA
- January 10, 2014
- By Allen & Gooch
Employers Cannot Eliminate an Employee’s Right to Sue Over Unfair Labor Practices by Arbitration Agreement In D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board (NLRB) held that D.R. Horton, Inc. (Horton) had violated the National Labor Relations Act (NLRA) by requiring employees to sign an arbitration agreement […]