In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as non-compensable under the Fair Labor Standards Act.
Adam R. Long
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Reminder – New FLSA Overtime Regulations Take Effect December 1
By Adam R. Long on
Posted in Wage & Hour
The calendar (if not the weather) tells us that fall is almost here. With the change in seasons comes another reminder that the effective date of the U.S. Department of Labor’s new Fair Labor Standards Act “white-collar” overtime exemption regulations is fast approaching.
Effective December 1, new rules that more than double the minimum…
Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?
Posted in Workplace Trends
On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related to employment, and we have received many questions regarding what employers must, can and cannot do as a result of the new…
Coming This Spring . . . the New FLSA Overtime Regulations?
By Adam R. Long on
Posted in Wage & Hour
For what seems like an eternity, we have been waiting for the U.S. Department of Labor to issue the new Fair Labor Standards Act “white-collar” overtime exemption regulations. While many have speculated on when the final regulations would be issued, most assumed that the DOL would wait until the summer or fall of 2016 to…
Beware Unpaid Rest Breaks for Non-Exempt Employees
By Adam R. Long on
Posted in Wage & Hour
A recent federal court decision in Pennsylvania affirmed the risks incurred by employers if they treat brief rest breaks as unpaid for non-exempt employees. In Perez v. American Future Systems, Inc. d/b/a Progressive Business Publications, the U.S. Department of Labor filed suit against the employer, a Pennsylvania publishing company, and its principal owner under…
When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test
By Adam R. Long on
Posted in Wage & Hour
Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods during which an employee is “completely relieved of duty for the purpose of eating regular meals” do not count as hours worked. 29 C.F.R.…
So No New FLSA Overtime Regulations Until Late 2016?
By Adam R. Long on
Posted in Wage & Hour
You may recall that, in late June 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white-collar” overtime exemption regulations. The DOL’s proposed rule changes would more than double the minimum salary required for the FLSA’s white-collar exemptions from the…
Next on DOL’s Agenda: Mobile Device Use Outside Work Hours
By Adam R. Long on
Posted in Wage & Hour, Workplace Trends
It appears that the U.S. Department of Labor intends to remain busy through the rest of the summer. After releasing in June a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white collar” overtime exemption regulations, the DOL now has indicated that it will formally seek…
DOL Issues New Proposed FLSA Overtime Regulations
By Adam R. Long on
Posted in Wage & Hour
At long last, on Tuesday, June 30, the Department of Labor released its Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white collar” overtime exemption regulations. The DOL’s proposal contained a few expected changes, along with a few surprises.
The Primary Proposed Change – Huge Increase in …
Judge: Use of Payroll Debit Cards Violates PA Wage Payment & Collection Law
By Adam R. Long on
Posted in Wage & Hour
We have been updating you on a class action lawsuit pending in the Luzerne County Court of Common Pleas challenging a Pennsylvania employer’s use of payroll debit cards to pay wages to its employees. May was a busy month for that case, with troubling implications for Pennsylvania employers who utilize this wage payment option.
First,…