Ninth Circuit: An employee’s knowing violation of the FLSA is the employer’s willful violation, and you can’t necessarily collect from joint employers

By Matt Hesketh and Lindsay Hesketh A staffing company (Company A) got into hot water with the DOL for failing to pay overtime. Scalia v. Employer Solutions Staffing Group, LLC, No. 18-16493 (March 2, 2020). The employees at issue were placed by a second company (Company B). Company B instructed Company A’s payroll employee to pay […]

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 […]

The DOL Can’t Always Get What It Wants

By: Lindsay Hesketh While investigating defendant La Piedad’s FLSA compliance, the Department of Labor subpoenaed, among other things, documents with the names and addresses of other businesses owned by defendant’s shareholders. La Piedad informed the DOL that it did not have responsive records. Rather than investigate that response, the DOL immediately moved for an order […]

DOL Doubles Back on Interns

By James Korte On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press Release. The DOL scrapped its 2010 six-factor test to better align its guidance with the test adopted […]

The More Things Change… The More They Stay The Same.

By Chance Hill On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide variety of topics under the Fair Labor Standards Act (FLSA). Such letters respond to specific questions submitted to the DOL’s Wage and Hour Division (WHD) and constitute an important form of guidance for […]

Salary Threshold Regs Un-enjoined?

By John Alan Doran Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these regulations doubled the salary threshold for the so-called white collar exemptions, thereby rendering millions of workers eligible for overtime.  But, […]

College Athletes (Still) Not Employees

By Lindsay Hesketh The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law.  On April 25, 2017, the Court dismissed a proposed class action brought by a former University of Southern California football player.  The suit was against the NCAA and PAC-12 Conference for […]