Tag Archives: FLSA

DOL Drops Appellate Defense of Overtime Rule

Earlier this month, the Department of Labor (“DOL”) dropped its defense of an Obama-era regulation that sought to increase the salary level for overtime-exempt employees from $23,660 per year to $47,476 per year. The regulation had been set to take effect in November 2016, but a last-minute preliminary injunction issued by a federal district court in … Continue Reading

Ninth Circuit Approves DOL Regulation Expanding Tip-Pooling Rules to All Employers

Under the Fair Labor Standards Act, employers who use a tip credit to satisfy their minimum wage obligations for tipped employees must follow certain rules related to those tips. One of those rules relates to the use of tip pools – i.e., pooling of tips received by multiple tipped employees and then dividing the total among the pool participants based on a specified formula. … Continue Reading

Supreme Court Denies Review of Second Circuit Decision Compelling Court or DOL Approval of FLSA Settlements

As reported on the Hunton Employment and Labor Law Blog, the United States Supreme Court has denied a restaurant manager’s petition seeking review of whether parties may stipulate to the dismissal with prejudice of a lawsuit alleging violations of the Fair Labor Standards Act (“FLSA”), or whether judicial or Department of Labor (“DOL”) approval is … Continue Reading

DOL Says Joint Employment “Should Be Defined Expansively”

On January 20, 2016, the US Department of Labor (“DOL”) became the latest federal agency to advocate for an expansive concept of joint employment. The DOL’s Wage and Hour Administrator took the position that joint employment under the Fair Labor Standards Act “should be defined expansively” and “as broad as possible.” The new Administrator’s Interpretation, … Continue Reading

Online Retailer and Delivery Vendor Sued as Joint Employers for Overtime Wages

Earlier this month, a group of former delivery drivers filed a putative collective action lawsuit against an online retailer and Courier Logistics Services, LLC. The case is pending before the United States District Court for the District of Arizona. The plaintiffs allege that the two companies willfully misclassified them as independent contractors and denied overtime pay properly due under the federal Fair Labor Standards Act. … Continue Reading