Rhode Island Joins List of States Enacting $15 Minimum Wage Law

On May 20, 2021, Governor Dan McKee signed an amendment to Rhode Island law that will see the Ocean State’s minimum wage increase to $15.00 per hour by 2025.  Beginning January 1, 2022, Rhode Island’s minimum wage will increase from its current $11.50 to $12.25. On January 1, 2023, it will increase to $13.00 and...… Continue Reading
May 21, 2021

Commute Time Is Compensable Only When “Integral and Indispensable” to Employee’s Duties, Fifth Circuit Reaffirms

Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the employee’s job duties. Bennett v. McDermott Int’l, Inc., 2021 U.S. App. Lexis 10948 (5th Cir. Apr. 16, 2021). The Fifth Circuit...… Continue Reading
May 6, 2021

FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds

Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations. Therefore, as his claim was filed well after the standard two-year limitations period for such claims had expired, the trial...… Continue Reading
April 29, 2021

DOL Adopts Portions of Tipped Regulations Final Rule, Proposes Further Delay of Other Portions

While deciding to make effective some portions of the Tipped Regulations Final Rule published in the final weeks of the former administration, the U.S. Department of Labor (DOL) has proposed further delay and consideration of the most controversial provisions of the Rule, including the elimination of the “80/20 Rule” that purports to limit the percentage...… Continue Reading
March 25, 2021

A Few Out-of-State Telephone Calls Per Week May Be Sufficient to Establish FLSA Coverage, 11th Circuit Holds

An administrative assistant, who regularly made three to five telephone calls out of state per week to her employer’s clients and vendors, may have sufficiently engaged in interstate commerce to establish “individual coverage” under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Eleventh Circuit concluded. St. Elien v. All County...… Continue Reading
March 23, 2021

Wisconsin Wage and Hour Law: Rounding Employee Time

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other timecard policies frequently are the culprit in such claims against employers. Wage and hour lawsuits, whether individual or class/collective action in nature, typically are...… Continue Reading
March 18, 2021

Biden DOL Proposes Withdrawal of Former Administration’s Joint Employer and Independent Contractor Final Rules

On March 11, 2021, the U.S. Department of Labor (DOL) issued Notices of Proposed Rulemaking (NPRMs) to withdraw the Joint Employer and Independent Contractor Final Rules published during the previous administration. The Joint Employer Final Rule The Joint Employer Final Rule went into effect in January 2020 and addressed the standard for determining whether an...… Continue Reading
March 12, 2021

Full Fifth Circuit to Hear FLSA “Day Rate” Case, Vacating Panel Opinion

In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the Fair Labor Standards Act (FLSA), regardless...… Continue Reading
March 11, 2021

As Expected, DOL Delays Independent Contractor Final Rule

On March 2, 2021, the U.S. Department of Labor (DOL) formally delayed the effective date of the Independent Contractor Final Rule, from March 8, 2021 to May 7, 2021. The Final Rule, published during the last two weeks of the prior administration, provides that “an individual is an independent contractor, as distinguished from an ‘employee’...… Continue Reading
March 3, 2021

DOL Delays Tip Regulations Final Rule, Independent Contractor Final Rule Likely Next

As expected, the U.S. Department of Labor (DOL) has formally delayed the effective date of the Tip Regulations Final Rule, from March 1, 2021 to April 30, 2021. The Tip Regulations Final Rule, issued in late December 2020, implemented a 2018 amendment to the FLSA that permits tipped employees, such as restaurant servers, to pool...… Continue Reading
February 25, 2021

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