Published: April 18, 2018

The Wage and Hour Division of the U.S. Department of Labor issued three opinion letters on April 12, 2018, on the topics of compensation for health-related breaks under the Fair Labor Standards Act, compensation for travel time for hourly workers under the FLSA, and what types of lump-sum payments can be garnished under the Consumer Credit Protection Act. Opinion letters give the WHD the opportunity to provide guidance on specific questions received from the business community.

. . . . . .

Published: March 26, 2018

Earlier this month, the Wage and Hour Division of the Department of Labor announced a new pilot program, the Payroll Audit Independent Determination (PAID) program. The PAID program is aimed at expediting resolution of employers’ inadvertent overtime and minimum wage violations under the FLSA without litigation.

. . . . . .

Published: January 12, 2018

Effectively immediately, New Jersey employers are prohibited from discriminating against employees because they choose to breastfeed. Governor Christie signed S. 2709, bringing New Jersey breastfeeding protections in line with 17 other states that have enacted similar civil rights protections to breastfeeding employees.

. . . . . .

Published: January 9, 2018

On January 5, 2018, the U.S. Department of Labor (“DOL”) abandoned its six-factor test for assessing whether a worker is an intern or an employee, for purposes of coverage under the Fair Labor Standards Act (“FLSA”). The six-factor test was conjunctive, and difficult to apply—particularly the factor that the employer gains “no immediate advantage from the activities of the intern.”

. . . . . .

Published: October 31, 2017

On October 30, 2017, the Department of Labor (“DOL”) alerted Texas U.S. District Judge Amos Mazzant that it planned to challenge his August 31, 2017 order invalidating the Obama administration’s controversial 2016 overtime rule. The rule would have significantly expanded the number of executive, administrative and professional (“EAP”) workers eligible for overtime under the Fair Labor Standards Act (“FLSA”) by doubling the minimum salary required to qualify for overtime exemption from $23,660, to roughly $47,000 annually.

. . . . . .

Published: October 16, 2017

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge, Theodore McKee, the Court reviewed the granting of partial summary judgment in favor of the U.S. Department of Labor on claims that Progressive Business Publications failed to pay its employees a minimum wage.

. . . . . .

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.
 

. . . . . .