Tag: Fair Labor Standards Act

FLSA Claims May be Subject to Mandatory Arbitration

Wednesday, December 27, 2017

The U.S. Court of Appeals for the Second Circuit held recently that individual overtime wage claims under the federal Fair Labor Standards Act (FLSA) are subject to mandatory arbitration if an employment contract calls for the arbitration of employment disputes. In such a scenario, the individual employee must submit his/her FLSA claims to arbitration and cannot sue in court. Read More

Fifth Circuit Grants Expedited Hearing on Overtime Rule

Thursday, December 8, 2016

Employers who opposed the federal minimum salary level increase to maintain overtime pay exemption under the Fair Labor Standards Act (FLSA) can rest a little easier this holiday season. It is now almost certain that the preliminary injunction precluding the U.S. Department of Labor (DOL) from implementing the salary level changes to the federal overtime regulations, that would otherwise have nearly doubled the minimum salary level threshold for most exempt workers, will remain in effect until President-Elect Trump’s administration assumes control. Read More

EMPLOYERS NEED TO BE READY TO ASSESS CONTINUING EXEMPTION OF ITS WHITE COLLAR WORKERS WHEN THE NEW FLSA SALARY THRESHOLD GOES INTO EFFECT ON DECEMBER 1, 2016

Friday, July 22, 2016

First, public school district and BOCES employers should keep in mind that under the FLSA (and NYS minimum wage law), bona fide teachers are exempt from minimum wage and overtime provisions--regardless of salary levels. Read More

DOL Releases “Administrator’s Interpretation” on Independent Contractors vs. Employees

Monday, August 24, 2015

The National School Boards Association (NSBA) recently published a "Legal Clips" for its subscribers that discusses the U.S. Department of Labor’s new “Administrator’s Interpretation” on the status of workers as independent contractors versus employees, under the Fair Labor Standards Act (FLSA). Read More

NPELRA Publishes Update Regarding Proposed Overtime Protection

Tuesday, June 30, 2015

The National Public Employer Labor Relations Association (NPELRA) recently published a Legislative Update for its members titled “President Obama Proposes Overtime Protections to Nearly 5 Million Workers”. Read More