Articles and Blogs

FLSA

SCOTUS Enforces Arbitration Agreements: Class and Collective Action Waivers

[05/24/18]

Posted on May 24, 2018 in HR Insights for Health Care

Published by: Hall Render

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

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Volunteers Are Really Volunteers!

[05/17/18]

Posted on May 17, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision by the U.S. Court of Appeals for the Sixth Circuit held that volunteers, who do not expect compensation, are not employees under the Fair Labor Standards Act (“FLSA”). In the past, the Sixth Circuit has declined to employ such a bright line test. In Acosta v. Cathedral Buffet, Inc., a church... READ MORE

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Department of Labor Issues Three New Opinion Letters

[05/14/18]

Posted on May 14, 2018 in HR Insights for Health Care

Published by: Hall Render

The Department of Labor’s Wage and Hour Division recently issued three new opinion letters, the first new opinion letters published since 2010. Opinion letters are, according to the Department of Labor, “an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer,... READ MORE

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Increases in Salary Thresholds Under the FLSA Portend Overtime for Millions of Traditionally Exempt Employees

[07/05/16]

Posted on July 5, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

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DOL “Suffers and Permits” Broad Interpretation of “Joint Employment”

[01/21/16]

Posted on January 21, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) released Administrator’s Interpretation an  concerning joint employment under the Fair Labor Standards Act (“FLSA”). The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly and severally liable for compliance. It provides... READ MORE

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Most Independent Contractors Aren’t

[01/11/16]

Posted on January 11, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

What Happened? Earlier this year, the U.S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts a broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

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DOL Says “Most Workers Are Employees,” Not Independent Contractors

[07/17/15]

Posted on July 17, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

On July 15, 2015, the U. S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts the broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

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Pay for Required Time Spent in Security Screening – Yes or No?

[12/11/14]

Posted on December 11, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Does an employer have to pay its employees when it requires them to stand in line every day for up to 25 minutes waiting to go through security screening at the end of the day?  It seems like that’s a lot of time and that it might be fair to compensate those employees for... READ MORE

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A Subtle Reminder About the Importance of FLSA Compliance

[07/21/14]

Posted on July 21, 2014 in HR Insights for Health Care

Written by: Bruce M. Bagdady

A recent case from the Northern District of Texas is a great reminder of a very important lesson – it’s not just the large class/collective action FLSA lawsuits that can be costly. In Black v SettlePou, Inc. (Case No.3:10-CV-1418-K), Ms. Black sued her Texas employer in federal district court, claiming that she was improperly... READ MORE

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Seventh Circuit Clerks Disrobe for FLSA Decision

[04/02/14]

Posted on April 2, 2014 in HR Insights for Health Care

Written by: Bradley M. Taormina

In Mitchell v. JCG Industries and Koch Foods, the plaintiffs, a class of unionized employees, alleged that their employer violated the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law by failing to pay them for time spent donning and doffing protective and sanitary clothing at the beginning and end of their... READ MORE

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