Over the past fifteen years, wellness programs have generated more than their fair share of litigation and regulatory scrutiny – primarily over the issue of whether they comply with the Americans with Disabilities Act. A related compliance issue that has attracted relatively little attention from courts and regulators is whether, under the Fair Labor Standards
Wage & Hour
Supreme Court Rules Fair Share Fees are Unconstitutional
By Langdon Ramsburg, Adam Santucci & Jen Will on
This morning the Supreme Court issued its long-awaited opinion in Janus v. AFCSME , holding that requiring public sector employees to pay fair share fees to unions violates the First Amendment. As we discussed in our prior posts , a fair share fee (sometimes called an agency fee) is a fee that non-union members must…
Pennsylvania Proposes Big Changes to State Law White-Collar Overtime Exemptions
By Adam R. Long on
Posted in Wage & Hour
Back in January, Governor Wolf announced that the Pennsylvania Department of Labor and Industry (DLI) would propose new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase the minimum salary requirement for the white-collar overtime exemptions under this law.
The PMWA is the state-law equivalent of the federal Fair Labor Standards Act…
Congress Takes a Dip in the Tip Pool
By Erica Townes on
Posted in Wage & Hour
President Trump recently signed into law Congress’ $1.3 trillion, 2,232-page omnibus budget bill. Notably, tucked away on page 2,025 of the bill, Congress amended the Fair Labor Standards Act to address rules affecting tipped employees. These rules have been a hot topic lately and there is a lot of misinformation floating around. Here is what…
Supreme Court Holds that Auto Service Advisors are Exempt from Overtime Compensation
By Erica Townes on
Posted in Wage & Hour
Today, the United States Supreme Court has finally put to rest the issue of whether service advisors are exempt from the overtime compensation requirements of the Fair Labor Standards Act (FLSA). You may recall an earlier post, discussing the law’s ambiguity in how auto dealers should classify service advisors under the Fair Labor Standards…
Pennsylvania Court Decision Highlights the “Do’s and Don’ts” of Paying Non-Exempt Employees on a Salary Basis
By Eric Athey on
Posted in Wage & Hour, Workplace Trends
Under the Fair Labor Standards Act (“FLSA”), employers are permitted to pay non-exempt employees a fixed salary to cover straight-time earnings for all hours worked in a week, provided several conditions are met: a) the employee’s hours must fluctuate week to week; b) the employee must be paid the fixed salary in weeks where employee…
Now It’s Pennsylvania’s Turn – Governor Wolf Announces Proposed Increases to Minimum Salary Requirements for State Law Overtime Exemptions
By Adam R. Long on
Posted in Uncategorized, Wage & Hour
As many will recall, the U.S. Department of Labor issued regulations in May 2016 that would have increased dramatically the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemptions. The 2016 FLSA regulations would have more than doubled the minimum weekly salary requirement for most white-collar overtime exemptions from $455 to $913…
U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act
By Erica Townes on
Posted in Wage & Hour
In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We previously reported on an earlier DOL effort to tighten up the restrictions on the use of unpaid interns.…
Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court
By Erica Townes on
Posted in Wage & Hour
The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”).
In a case involving several procedural twists and turns, the Supreme Court, for the second time, will hear Encino Motorcars, LLC v. Navarro. That case involves five service advisors who…
Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA
By Adam R. Long on
Posted in Employee Benefits, Wage & Hour
The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated damages by failing to ensure compliance with its myriad requirements.
The FLSA contains a somewhat unique quirk regarding its statute of limitations. The…