In 2023, the U.S. Department of Labor’s Wage and Hour Division (WHD) published a fact sheet regarding certain protections that the Family and Medical Leave Act (FMLA) affords workers who take covered leave. One of the keys is that the FMLA “provides job-protected leave from work.” That protection means not…
Today, relationships are more complex than ever — including familial interactions and duties. An adult incapable of caring for herself may rely on a niece/nephew, sibling, cousin, or other non-parental relative to meet all her care needs. When that happens, the caregiver may need periods away from work. Workers and…
As this blog discussed last week, most employers will vigorously litigate a lawsuit where an employee alleges a Fair Labor Standards Act violation. In the rare situations where the employer does not, something called a “default judgment” may be available to the worker. Even though you are not litigating against…
An employer will usually vigorously litigate a lawsuit alleging that it violated the Fair Labor Standards Act. Sometimes, though, the employer will not act. The deadline for filing passed with no answer… no other pleadings… nothing. When that happens in an unpaid overtime lawsuit, the worker may pursue something called…
Last month, an important federal court ruling wiped out a new U.S. Department of Labor Rule expanding salaried employees’ eligibility for overtime compensation by narrowing employers’ ability to apply certain exemptions. A few months earlier, a different federal court ruling from Texas also significantly impacted wage and hour law, but…
Under the terms of the Fair Labor Standards Act, employers have numerous obligations. In addition to paying covered workers a minimum wage and time-and-a-half overtime compensation, employers also have an obligation to keep to an array of records related to their workers, the time they worked, and the compensation they…
Millions of Americans commute to and from work every day. For many others, getting to work is more complex, involving extended travel and multi-day (or weeks-long) stays away from home. While the Fair Labor Standards Act does not include daily commuting to and from home among the hours for which…
In April, this blog covered the publication of a new Final Rule from the U.S. Department of Labor regarding the executive, administrative, professional, outside sales, or computer employee (EAP) and the highly compensated employees (HCE) exemptions to the overtime provisions of the Fair Labor Standards Act (FLSA). The new rule…
Welcoming a new child is often a joyous experience. It also can involve challenges that create a need to miss work. Taking an absence under the Family and Medical Leave Act may be an option for some. However, Employers and employees should note that not all pre-birth absences are covered…
Claiming “time of the essence” is a common marketing technique. Sellers use deadlines to create a sense of urgency and motivate buyers to act. In sales, a deadline may not be real; it may be merely an artificial tool to pique the customer’s emotions. In law, time really is of…