Posted on August 17, 2022 by Nicole L. Stangl
Blog
The Fair Labor Standards Act provides an employee should receive compensation for overtime hours at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This is a well-known principle by employers and employees alike. However, “regular rate” is not the same as the […]
Posted on August 1, 2017 by Ruder Ware Alumni
Blog
Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay. The Department of Labor issued a Request for Information document that asks employers to respond to a series of questions on overtime […]
Posted on February 28, 2017 by Ruder Ware Alumni
Blog
Many businesses today use other entities to provide employees for their business operations. This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws. A recent court ruling has redefined what it means to be a joint […]
Posted on March 18, 2016 by Ruder Ware Alumni
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I am afraid to report that many employees will be receiving a significant Christmas present in July. The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congress. This means we will be faced with addressing the exempt […]
Posted on June 26, 2015 by Ruder Ware Alumni
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Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage. The case is Perez v. D. Howes, LLC, No. 14-2026, — F.3d —-, 2015 WL 3833529 (6th Cir. […]
Posted on May 4, 2015 by Ruder Ware Alumni
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We are anticipating the Department of Labor will propose new regulations governing the payment of overtime to employees under the Fair Labor Standards Act. These new regulations, originally promised in November of 2014, will likely change the tests for determining whether or not an employee is exempt from the overtime pay requirements. The result of […]
Posted on May 20, 2014 by Ruder Ware Alumni
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Recently, a federal court in New York concluded that a group of workers (production workers who worked on production of the film Black Swan) classified as “unpaid interns” by a motion picture distribution company should have been classified as employees for purposes of federal wage and overtime laws. The case is Glatt v. Fox Searchlight […]
Posted on May 20, 2014 by Ruder Ware Alumni
Blog
The news today talks about “government paralysis” and the likelihood that government will not re-focus for several weeks until everything is decided regarding the continuing resolution debate and the debt limit debate. A caution to employers however, that the government paralysis does not mean that you are protected from potential liability for violation of discrimination […]
Posted on May 15, 2014 by Ruder Ware Alumni
Blog
As you may have seen in several news reports, President Obama is today directing the Department of Labor to re-write the regulations that identify who is exempt from overtime pay requirements under the Fair Labor Standards Act. The Fair Labor Standards Act does not apply to executive, administrative and professional employees. There are certain minimum […]
Posted on May 14, 2014 by Ruder Ware Alumni
Blog
Wisconsin has always been a little different because it required employers to keep a record of the hours worked by a professional employee who was exempt from the overtime pay requirements of the Fair Labor Standards Act. This requirement also applied to other exempt employees such as administrative or executive employees that were considered exempt […]