Tag: FLSA

• 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, […]

• 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, […]

• 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 […]

• Employment Law & Litigation

  Fair Labor Standards Act: When an Intern Qualifies as an Employee

  • December 13, 2013
  • By Allen & Gooch
  

  Does an Intern Fall Under the Protection of the Fair Labor Standards Act? The United States Second Circuit Court of Appeals is currently reviewing a pair of cases that address whether interns meet the definition of an employee under the Federal Fair Labor Standards Act (FLSA) that gives minimum wage protections to workers. The outcome […]