Published: September 25, 2017

The Third Circuit ruled last week that a governmental employer who failed to pay overtime due to a “time-tracking snafu” had not willfully violated Fair Labor Standards Act (FLSA). Plaintiffs in Souryavong v. Lackawanna County alleged that the County failed to pay overtime to workers who worked in two separate part-time capacities. The County had failed to aggregate workers’ total hours, and therefore failed to pay overtime rates when appropriate.

. . . . . .

Published: August 31, 2017

In a long awaited decision, a Texas federal judge struck down the Fair Labor Standards Act (“FLSA”) overtime rule finding that the Department of Labor (“DOL”) exceeded its delegated authority. The rule, which was blocked by injunction in November 2016, was set to raise the white collar exemption minimum salary requirement from $23,660 per year to $47,476 per year effective December 1, 2016.
 

. . . . . .

Published: June 12, 2017

Signaling a clear departure from Obama-era enforcement priorities, the Trump Administration announced on June 7, 2017 that it has withdrawn two Department of Labor guidance documents on worker classification and joint employer status. The worker classification Administrator Interpretation Letter (“AIL”) issued in 2015, strongly favored employee classification over independent contractor classification and took the position that almost all workers would be viewed as employees by the Department of Labor.

. . . . . .

Published: May 11, 2017

As the weather warms up and teens prepare for summer break, many employers ramp up their workforces with student workers to cover extra demand or vacation schedules of regular employees. Here are five tips on avoiding legal pitfalls when hiring summer workers:

1. Make sure to follow rules on work hours for minors. For example, in Pennsylvania, during summer break, here are some of the rules that apply to employing minors:

. . . . . .

Published: March 13, 2017

Snow days, hurricanes, power outages, floods - when weather of biblical proportions forces you to close or prevents your employees from getting to work, what do you do?

. . . . . .

Published: February 2, 2017

In a recent decision by the Fourth Circuit, the Court established a new test for determining whether two entities are “joint employers.” The case arose when employees of a construction subcontractor sought overtime wages from the project’s general contractor. A District Court had previously issued summary judgment in favor of the general contractor, but the Fourth Circuit’s recent opinion reversed—finding the general contractor liable for overtime wages because it “jointly employed” the subcontractor’s employees.

. . . . . .

Published: January 23, 2017

On January 19, the National Restaurant Association (“the Association”) asked the U.S. Supreme Court to review a Department of Labor (“DOL”) rule that prohibits “tip pools,” the sharing of tips among “front of the house” staff (i.e., servers and bartenders) and “back of the house” staff (i.e., cooks and dishwashers).

. . . . . .