Joint Employer Status Muddied Further

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 […]

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 […]

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 […]