In recent years many employers have implemented mandatory arbitration agreements to require that legal disputes with employees be decided by a neutral arbitrator, rather than by jury trial. Arbitration agreements are coming under scrutiny as unfairly preventing employees from having their “day in court” and having access to jury trials – most recently with the
Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee
In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid
The Fifth Circuit Announces New Standard For Collective Action Certification
On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit vastly changed the landscape for collective action wage and hour claims under the federal Fair Labor Standards Act.
In Swales v. KLLM Transport Services, L.L.C., the Fifth Circuit rejected the lenient standard typically employed by federal district courts for “conditionally certifying”
Recent Department of Labor Audits a Good Reminder to Understand the Law and Follow Best Practices
In September, the Department of Labor imposed significant fines against two Louisiana restaurants for violations of the Fair Labor Standards Act (“FLSA”). The iconic New Orleans Cajun-Creole restaurant Jacques-Imo’s paid more than $55,000 in fines for violating child labor laws under the FLSA; Superior Seafood paid out more than $230,000 in back wages and penalties.
The Final OT Rules Are Out – Time For Action (Again)!
The wait is over for better or worse – the Trump Administration has released the Department of Labor’s final rule concerning changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA).
Under the final rule, the DOL has increased the minimum salary threshold that must
To Be or Not To Be Exempt (the 2019 Proposed OT Rule)
The Trump Administration has released the new proposed rule changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA).
Under the new proposed rule, the U.S. Department of Labor wants to increase the minimum salary threshold that must be paid in order for most executive,
Overtime Violations Can Be Costly
A recent story from New Orleans demonstrates that overtime violations can be costly. In the case of a New Orleans bakery that paid employees for overtime at their straight time rate and paid some workers in cash, the issue cost the employer over $125,000 in back wages alone. Pursuant to the federal Fair Labor Standards
U.S. Supreme Court Overtime Ruling Signals Change
On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro. In a 5-4 decision, the Court ruled that automobile service advisors are not entitled to overtime under the federal Fair Labor Standards Act (“FLSA”). In the Encino Motorcars case, the Court was asked to decide whether
Back on Track? DOL’s Information Requests Suggest Changes to Overtime Exemptions May Be on the Horizon
Yesterday, the Department of Labor (“DOL”) Wage and Hour Division released a preview copy of a request for information (“RFI”) before issuing revised proposed overtime exemption regulations under the Fair Labor Standards Act (“FLSA”). The RFI is scheduled for publication in the Federal Register today, July 26, 2017, which will start a 60-day public comment
Comp Time in the Private Sector Coming?
Under the federal Fair Labor Standard Act, employees are entitled to be paid time and a half their regular rate of pay for all hours worked over 40 in a workweek. Private employees cannot elect, nor can private employers offer, “comp time” in lieu of overtime pay. Private employers can offer (or may be able