As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of eating regular meals,” and the break must generally be at least
DOL Sets February 2015 Deadline for New FLSA “White Collar” Overtime Exemption Regulations
UPDATE (5/27/2015): The DOL sent draft FLSA regulations to the Office of Management and Budget on May 5, 2015 for approval prior to their public release. For the most current updates on the status and content of these new regulations, please see our series of posts on this topic.
Late last month, the Department
The Minimum Wage in 2015: Looking Ahead to State Increases, Other Changes
With the election season behind us and 2015 fast approaching, employers need to start looking ahead to the new year when, traditionally, a host of new laws take effect. As we discussed after the election, 2014 was a busy year for wage and hour laws, and 2015 will be no different. Four states—Alaska, Arkansas
Feed Me! Thanksgiving Turkeys, Free Lunches, and Wage and Hour Law
With the Thanksgiving holiday ahead of us, we have reached the time of year where some employers start handing out Thanksgiving turkeys, holiday hams, and other gifts to employees, while others provide free or discounted lunches or other meals. You will find plenty of articles extolling the productivity virtues of well-fed employees. Employers in various
Wage and Hour Cases to Watch at the Supreme Court: Part 2–Perez v. Mortgage Bankers Association
As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s duty to conciliate discrimination claims to the applicability of whistleblower protection laws and the Pregnancy
If I was Secretary of Labor: Fixing the FLSA with a Safe Harbor
Last week, I answered some of the questions that we have been receiving about the new FLSA regulations, but I saved one that I hear almost everywhere I go: what should the Department of Labor do with the FLSA? Last week, I said “start over.” Of course, that’s not going to happen. Scrapping the
Wage and Hour 2014 Election Results Roundup: Minimum Wage, Paid Sick Leave Big Winners
Before the election, we talked about minimum wage and paid sick leave initiatives on the rise, including some important ballot issues. With most of the results tallied, it appears that the Republicans weren’t the only big winners in the 2014 midterm elections last night. While the GOP retaking the Senate majority and reaching historic
Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations
For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for several months. The DOL’s announcement has raised a host of questions, some of which I discussed with SHRM’s legal
Wage and Hour Cases to Watch at the Supreme Court: Part 1–Integrity Staffing
This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s duty to conciliate discrimination claims (Mach Mining v. EEOC, oral argument set for January 2015 or later)
DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant
Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau Director Latifa Lyles posted an entry on the DOL’s official “Work in Progress” blog, advocating for