The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January this year, which took effect March 11, 2024 and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).
Continue Reading Navigating the “New” Normal: Understanding the DOL’s Independent Contractor Rule

On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA).
Continue Reading Sixth Circuit Highlights The Difficulty of Calculating Work-Related Expenses Under the FLSA

The U.S. Department of Labor’s (DOL) recently published a final rule on the definition of “independent contractor” under the Fair Labor Standards Act (FLSA) on January 9, 2024. This rule introduces a six-factor “economic realities” test, replacing the 2021 rule and aiming to bring clarity to the classification of workers as independent contractors or employees.
Continue Reading DOL’s New Six-Factor “Economic Realities” Test: Navigating Changes in Independent Contractor Classification

Recently, in Restaurant Law Center, et al. v. U.S. Dep’t of Labor, the U.S. District Court for the Western District of Texas affirmed the validity of a new Department of Labor (DOL) rule, known as the “80-20-30” or “dual jobs” rule, which limits the ability of employers to satisfy a portion of tipped employees’ wages with earned tips.
Continue Reading Texas Federal Court Upholds DOL Rule Attacking FLSA Tip Credit

On May 19, 2023, the United States Court of Appeals for the Sixth Circuit became the second circuit court to reject a familiar two-step certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In Clark v. A&L Home Care and Training Center, LLC, the court held that FLSA plaintiffs who seek to represent other employees in a collective action must demonstrate a “strong likelihood” that other employees they seek to represent are “similarly situated” to the lead plaintiffs.
Continue Reading The Sixth Circuit Creates a New FLSA Certification Process

In a recent decision in Perez v. Express Scripts, Inc., the U.S. District Court for the District of New Jersey determined that plaintiff and a conditionally certified class of 200 members in a misclassification class action were exempt given that they were highly compensated.
Continue Reading New Jersey Federal Court Grants Reconsideration in Favor of Employer on FLSA Exemption for Highly Compensated Employee

On February 9, 2023, the Department of Labor Wage and Hour Division issued a Field Assistance Bulletin concerning the application of certain provisions of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to teleworking employees. The bulletin provides guidance on compensable time, breaks for nursing employees who are teleworking, and FMLA eligibility rules for remote employees.
Continue Reading Department of Labor Issues Guidance on the FLSA and FMLA for Remote Workers

In a recent ruling, the U.S. District Court for the Northern District of Illinois determined that a bartender’s evidence – affidavits from herself and her supervisor – were insufficient to obtain conditional certification on her Fair Labor Standards Act (“FLSA”) claim. Plaintiff Alexa Roberts brought suit against One Off Hospitality Group and several of its restaurants and management personnel (“Defendants”) alleging that she was deprived of wages and overtime compensation in violation of the FLSA, the Illinois Minimum Wage Law (“IMWL”), and the Illinois Wage Payment and Collection Act (“IWPCA”).
Continue Reading Illinois District Court Rules that Plaintiff’s Affidavits are Insufficient to Certify FLSA Class

Voters in the District of Columbia, Nebraska, and Nevada overwhelmingly approved minimum wage-related ballot initiatives during this year’s midterm elections. The political movement to establish a $15.00 minimum wage started in 2012 when 200 New York City fast food workers walked off the job demanding better pay and union rights. Despite inaction by the federal government in the subsequent decade, there continues to be bipartisan support for minimum wage increases, particularly at the state level, as illustrated by the success of these three ballot measures.
Continue Reading D.C., Nebraska, and Nevada Voters Approve Minimum Wage Increases