By Carissa Davis On January 12, 2020, the Department of Labor, Wage and Hour Division (“DOL”) announced its revisions to the federal regulation interpreting joint employer status under the Fair Labor Standards Act (“FLSA” or “Act’). The new rule is set to take effect on March 16, 2020. For decades, federal regulations have recognized two […]
Tag: Fair Labor Standards Act
FLSA Applies to Employers in the Marijuana Industry
By Lindsay H. S. Hesketh A company providing services to the Colorado marijuana industry recently moved to dismiss an employee’s claims under the Fair Labor Standards Act. The company argued that the court lacked jurisdiction over the claim because marijuana is an unlawful substance under the Controlled Substances Act (“CSA”). The district court rejected the […]
Supremes Overturn Ninth Circuit: Rule that Auto Service Advisers Exempt from Overtime Pay
By Chance Hill Today, the U.S. Supreme Court held that auto service advisers are not covered by the overtime pay requirement of the Fair Labor Standards Act (FLSA). In a 5-4 decision, the high court reversed a Ninth Circuit decision in which the lower court held that the service advisers—employees at car dealerships who advise […]
Truth Seekers Are Exempt
By Andy Volin The administrative exemption is one of the major “white collar” exemptions from overtime pay under the Fair Labor Standards Act (“FLSA”). Recently, the Sixth Circuit affirmed a trial verdict that fraud investigators met the exemption requirements, both under the FLSA and similar state law. Foster v. Nationwide Mut. Ins. Co., No. 12-3107 […]
Undocumented Workers Are FLSA Eligible
By Bryan Stillwagon In 2002, the Supreme Court ruled that the NLRB cannot award backpay to undocumented workers even if their employer discharged them for union activity. Awarding backpay to undocumented aliens, the Court said, would encourage future immigration violations. The same ruling does not extend to Fair Labor Standards Act (“FLSA”) violations, according to […]