News & Analysis as of

Rest and Meal Break Fair Labor Standards Act (FLSA)

Fisher Phillips

Nursing Facilities Ordered to Pay $36M in Overtime Suit: 9 Wage and Hour Tips for Healthcare Employers

Fisher Phillips on

A group of nursing facilities in Pennsylvania was recently ordered to pay a whopping $36 million in overtime pay and damages to workers who claimed their employers deliberately paid them less than they actually earned. After...more

Fox Rothschild LLP

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action

Fox Rothschild LLP on

I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging...more

Conn Maciel Carey LLP

AI-Empowered HR: Crafting Compliance in the Digital Age

Conn Maciel Carey LLP on

The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) guiding employers on the use of artificial intelligence (AI) in human resources activities. The FAB focuses on how the use...more

Jackson Lewis P.C.

DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

Fisher Phillips on

Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Jackson Lewis P.C.

2024 FLSA Checklist for Employers in the Manufacturing Industry

Jackson Lewis P.C. on

Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who...more

Jackson Lewis P.C.

Labor Department Publishes Restaurant, Retail Guidance on Compliance With PUMP Act

Jackson Lewis P.C. on

The Department of Labor (DOL) Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The...more

Sherman & Howard L.L.C.

Split Appellate Decision on State Wage Statute of Limitations Extends Confusion on Scope of Liability

Sherman & Howard L.L.C. on

Colorado employers may, once again, have to look waaaayyy back in time when facing claims for minimum wage violations after a recent Court of Appeals decision blessed a six-year statute of limitations for these claims....more

Constangy, Brooks, Smith & Prophete, LLP

Auto-deductions for meal breaks. Game winner for employers, or loser?

It’s the fourth quarter. Three seconds are left on the clock, and your team is losing by one point. Your place kicker confidently trots onto the field to attempt the game-winning field goal. As he does, the TV announcer says,...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Fox Rothschild LLP

Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!

Fox Rothschild LLP on

Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about on other occasions. A group of employees has been...more

Weintraub Tobin

Podcast: California Employment News - The Basics of Pay Exemptions

Weintraub Tobin on

Certain employees can be exempt from overtime pay and meal and rest breaks under both the FLSA and California Labor Law. Meagan Bainbridge and Lukas Clary break down the basics of pay exemptions in part 1 of this 4-part...more

Weintraub Tobin

California Employment News: The Basics of Pay Exemptions

Weintraub Tobin on

Certain employees can be exempt from overtime pay and meal and rest breaks under both the FLSA and California Labor Law. Meagan Bainbridge and Lukas Clary break down the basics of pay exemptions in part 1 of this 4-part...more

Goldberg Segalla

New Federal Laws Now In Effect: Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers...

Goldberg Segalla on

Key Takeaways - The PWFA creates a new avenue for pregnant employees to request reasonable accommodations not previously provided under the ADA, PDA or FMLA....more

Ballard Spahr LLP

DOL Issues Guidance For Field Staff on PUMP Act Requirements

Ballard Spahr LLP on

The United States Department of Labor (DOL) recently issued a Field Assistance Bulletin providing guidance to field staff regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). ...more

Bradley Arant Boult Cummings LLP

Poster Rollercoaster: DOL Changes FLSA Notice Required at Workplaces

All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law....more

Hinshaw & Culbertson - Employment Law...

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections...more

Fox Rothschild LLP

Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOL

Fox Rothschild LLP on

Since the pandemic, companies across the nation have been dealing with the issue of remote work, from many perspectives, but amongst the most important, the wage-hour perspective of how to pay people properly. The USDOL...more

Proskauer - California Employment Law

March 2023 California Employment Law Notes

No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) - Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more

Fox Rothschild LLP

When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?

Fox Rothschild LLP on

I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps) is compensable time. There are many...more

Amundsen Davis LLC

DOL Issues Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act

Amundsen Davis LLC on

On February 9, 2023 the Wage and Hour Division of the United States Department of Labor (WHD) issued a Field Assistance Bulletin (FAB) providing guidance to WHD field staff regarding proper compensation under the Fair Labor...more

Bradley Arant Boult Cummings LLP

DOL Guidance Provides “FAB”ulous Insight as to How the Agency Will Apply the Protections under the FLSA and FMLA to Remote Workers

The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework...more

Spilman Thomas & Battle, PLLC

Breast Milk Pumping Rights – DOL Alert on Teachers and Other Newly Protected Workers

The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), enacted by Congress in late December 2022, provides more nursing mothers with reasonable break time to express breast milk after childbirth and...more

Bowditch & Dewey

Department of Labor Issues Guidance Relative to Remote Employees

Bowditch & Dewey on

On February 9, 2023, the Department of Labor’s Wage and Hour Division (“DOL”) issued a Field Assistance Bulletin (“Bulletin”). The Bulletin provides guidance on the application of the Family and Medical Leave Act (FMLA) and...more

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