FLSA

Supreme Court Provides Clarification on the Highly Compensated Employee Exemption’s Salary Requirement
February 21, 2023
On February 22, 2023, the U.S. Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, clarifying that, in order to qualify for the highly compensated employee (HCE) exemption from the Fair Labor Standard Act’s overtime mandate, the employee must be paid on a salary basis, and the payment of a daily rate does not constitute a salary.
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The DOL Issues Guidance on Telework
February 15, 2023
On February 9, 2023, the U.S. Department of Labor issued guidance on how to comply with the Fair Labor Standards Act  and Family and Medical Leave Act as to teleworking employees.
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Eleventh Circuit Distinguishes “Service Charges” From “Tips” Under the FLSA
August 31, 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 21, 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 22, 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 20, 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 9, 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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