On January 12, 2020, the Department of Labor (“DOL”) issued a rule updating the test for determining joint employment under the Fair Labor Standards Act (“FLSA”). The updated rule goes into effect 60 days from the date of publication of the rule, which means that the rule will likely go into effect on March 16, 2020. » Read More

As you may recall, we wrote in January that Pennsylvania Governor Tom Wolf called on the state’s Department of Labor & Industry (“L&I”) to “modernize” the regulations for the “white-collar” overtime exemptions under the Pennsylvania Minimum Wage Act (“PMWA”), the state-law equivalent of the Fair Labor Standards Act (“FLSA”). » Read More

The United States Department of Labor, Wage and Hour Division (“WHD”) has announced a nationwide pilot program, The Payroll Audit Independent Determination (PAID) program (the “Program”), to facilitate self-correction of potential overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). » Read More

In March 2010, the Fair Labor Standards Act was amended to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth.”  Employers are also required to provide “a place, other than a bathroom, that is sheltered from view and free from intrusion from co-workers and the public, which may be used to express breast milk.”  » Read More

As longtime readers of this blog know, there are a number of common myths regarding wage and hour issues.  One of the most prevalent of these myths concerns rest breaks.  Although many people think that workers are entitled by law to mandatory rest breaks, this is generally not true under federal or New Jersey law.  » Read More

As longtime readers of this blog know, there are some common myths regarding wage and hour issues.  One of the most prevalent of these concerns rest breaks.  Although many people think that workers are entitled by law to mandatory rest breaks, this is generally not true under federal or Pennsylvania law.  » Read More

It has taken nearly a year and a half, but it finally appears that the Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions will not go into effect.

As you may recall, the proposed regulations, which were issued by the U.S. » Read More

As my colleague John Buckley wrote about in our Lehigh Valley Employment Blog, several weeks ago Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance documents.  These include the 2015 guidance regarding the misclassification of employees as independent contractors under the Fair Labor Standards Act, in which the Department stated that “most workers are employees” and set forth an “economic realities” test to determine the relationship between employers and workers.  » Read More

As you may recall, we recently wrote about the Working Families Flexibility Act of 2017, a new bill introduced in the United States Congress that would amend the Fair Labor Standards Act to give non-exempt private sector employees the option of receiving comp time in lieu of overtime pay.  » Read More

It has been a while, but there is finally movement on the Department of Labor’s proposal to drastically change the white-collar exemption regulations of the Fair Labor Standards Act, which will result in millions of employees across the country being entitled to overtime pay that are not currently so eligible. » Read More