Over the last month, Domino’s has been in the news for some of the wrong reasons, with not one but two Fair Labor Standards Act (FLSA) class action lawsuits alleging that two large Domino’s franchisees paid delivery drivers less than minimum wage. Ho-hum, “wage theft,” #FightFor15, etc., right? Why am I highlighting
9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA
Reversing a district court decision, and declining to follow decisions from a number of other courts, including the Fourth and Fifth Circuits, the Ninth Circuit has deferred to the Department of Labor’s (DOL) “flip-flopped” view of whether the FLSA’s exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles,” applies to
When Paying Accrued “Vacation” at Termination, Labels Don’t Matter [Wage & Hour FAQs]
In recent years, I have noticed a movement away from the traditional categories of “vacation” and “sick” leave and holidays to hybrids like PTO, holiday hours, and personal days. While those new categories provide greater flexibility to employees and apparent ease as to record-keeping, they also complicate the question for employers about whether those accrued
Lesser Known Exemptions: The “Ministerial” Exception to the FLSA
Last week, in my post about the impact of the various iterations of the Religious Freedom Restoration Act (RFRA) on wage and hour law, we discussed the general rule that the FLSA does not contain blanket exceptions or exceptions for religious entities or individuals, with only a few exceptions. One potential caveat to this rule
The Religious Freedom Restoration Act (RFRA) and Wage and Hour Law
Unless you are living under a rock, you are probably aware of the uproar in Indiana about the Religious Freedom Restoration Act that the state passed, triggering an incredible backlash inside and outside the state and a rush by legislators to revise the newly-enacted law. When even NASCAR is criticizing legislation instead of
“Sharing Economy” Jobs Share Same Independent Contractor Issues as “Regular Economy”
A CNN op-ed piece caught my eye recently as it discussed some of the difficulties the so-called millennial generation is having in Silicon Valley and elsewhere when it comes to finding gainful employment. It paints a very grim picture about “sharing economy” jobs like Uber, Lyft, or Instacart. The writer opines that “[t]he sharing-economy jobs
Captain Obvious Issues Most Obvious FLSA Decision of 2015 (So Far…)
It happens every year: I read a decision from a federal judge about the federal Fair Labor Standards Act and shake my head that it actually took litigation to resolve such an obvious question. It is only March, but 2015 already is no different. A recent decision by a federal district judge in New York
DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities
Last week, Secretary of Labor Thomas Perez testified during a hearing held by the House Education and Workforce Committee to discuss President Obama’s budget proposal for the Department of Labor. Secretary Perez’s testimony touched a wide range of topics, most notably the oft-delayed FLSA regulations rewrite we have discussed in recent months. The DOL
Maryland Appeals Court Casts Doubt On Forum Selections Clauses in Wage Payment Disputes
Recently, the Maryland Court of Appeals took the position, albeit in dicta, that the state’s Wage Payment and Collection Law reflects a “strong” public policy of Maryland and urged Maryland courts to reject as unenforceable any future out-of-state forum selection provisions contained in employment agreements. While just one decision, employers with Maryland-based employees should review
February Comes and Goes with No Action by DOL on New FLSA Regulations
The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act. Don’t worry, you haven’t missed anything. The DOL missed its February deadline and has not announced any new deadlines just yet. As we have written here, the new