Eleventh Circuit Distinguishes “Service Charges” From “Tips” Under the FLSA
September 1, 2022
In Compere v. Nusret Miami, LLC, a case of first impression, the United States Court of Appeals for the Eleventh Circuit recently addressed the question of whether mandatory service charges imposed by restaurants are “tips” under the Fair Labor Standards Act.
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Hack of Payrolls Company Reveals Employer Liability
April 22, 2022
Recent collective actions alleging wage and hour violations by companies using a payroll provider who was hacked offer a stark warning to companies that use payroll providers.
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Correctly Calculating the FLSA Regular Rate - A Common Pitfall of the FLSA
November 23, 2021
The Fair Labor Standards Act mandates that non-exempt employees be paid one and one-half times their regular rate for all hours worked over forty (40) in a given workweek. However, calculating overtime pay correctly can be tricky when an employee works at two or more different rates during a single workweek.
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Deducting Non-Exempt Employee Meal-Breaks While Traveling: Eleventh Circuit Serves-Up Heartburn for Employers
October 21, 2021
Recently, two federal courts of appeals could not agree on what seems to be a straightforward question: Can an employer deduct for a meal break when traveling employees have no other duties while in transit?
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Back to the Future - DOL Rescinds FLSA Joint Employer Rule
August 10, 2021
President Biden now has erased two Trump-era Department of Labor rules that addressed issues fundamental to the application of the federal Fair Labor Standards Act.
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Are Your Account Managers Properly Classified as Exempt Under the FLSA?
February 3, 2021
In its first opinion letter of 2021, the United States Department of Labor addressed a hot topic that seems to frequently trip up employers.
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Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
January 5, 2021
The Department of Labor released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act and whether such overtime payments are excludable from the regular rate.
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New York Court Vacates Portion of DOL’s Joint Employer Rule
September 10, 2020
On September 8, 2020, U.S. District Court Judge Gregory Woods of the Southern District of New York, issued a Memorandum Opinion and Order vacating various portions of the Department of Labor’s Final Rule regarding the definition of joint employment under the Fair Labor Standards Act.
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It’s About Time: DOL Announces Final Rule on Regular Rate Under FLSA
January 6, 2020
For the first time in over 50 years, the U.S. Department of Labor (DOL) updated the “regular rate” rule.
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Tipped Employees Under the Fair Labor Standards Act
November 21, 2019
In October, the U.S. Department of Labor announced a proposed rule regarding the tip provisions of the Fair Labor Standards Act implementing provisions of the Consolidated Appropriations Act of 2018 (CAA).
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The Motor Carrier Exemption under the Fair Labor Standards Act
August 1, 2019
Although there have been some changes in the way that Wage Hour operates since the new administration took over, they have not been drastic. One change is that now the Wage Hour Administrator has begun issuing opinion letters.
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U.S. Department of Labor Issues New Opinion Letters: A Three-Part Series (Part One – Bonuses and the Regular Rate)
July 8, 2019
On July 1, 2019, the U.S. Department of Labor issued three new opinion letters that address compliance issues related to the Fair Labor Standards Act (“FLSA”).  We are going to address each of the opinion letters in separate blog posts over the course of the next week.
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