Archive for the ‘Fair Labor Standards Act’ Category

The Employment Law Horizon – What does 2017 hold for employers?

There has been no shortage of prognostication and opinion as to how the new Trump Administration will alter the legal landscape in numerous areas. Here, we look at five ways employers may be impacted as the new Administration begins to put its stamp on federal regulations and agencies that most impact employment law. The Future […]

 

Employment Law Alert: New Overtime Rules Won’t Take Effect on December 1

Authors: C. Michael DeCamps, Faith A. Alejandro and Brian G. Muse Yesterday, a Texas federal judge put a halt on the new overtime rules spearheaded by President Obama’s administration that were to take effect on December 1.  Businesses everywhere have gone into overtime to prepare for the new Fair Labor Standards Act (“FLSA”) wage & […]

 

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several reasons: understanding the elements of the court’s “economic realities” test;  the application of the court’s “economic realities” test; the legal basis for […]

 

Employee Misclassification Continues to Make News

Just last month, GrubHub, DoorDash, and Caviar were sued in San Francisco Superior Court in lawsuits similar to those pending cases against Uber and Lyft. These three new lawsuits ask the hot-button question: are workers in the shared economy employees improperly classified as independent contractors? If the current individuals working for these three shared economy […]

 

Independent Contractor or Employee: Do You Pass the “Economic Realities” Test?

In the first Administrator’s Interpretation issued in more than a year, the Department of Labor has recently weighed in on the debate over the misclassification of employees—a  debate that has been stirred up of late by companies such as Uber, Lyft, and the now closed Homejoy. “Although independent contracting relationships can be advantageous for workers and […]

 

Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees — are entitled to minimum wage and overtime pay pursuant to the Fair Labor Standards Act. If implemented as proposed, early estimates indicate that over 5 […]