Topic: FLSA

The Regular Rate of Pay May Not Be As Obvious As It Seems

This blog has previously addressed various complications in establishing the regular rate of pay on which the calculation of overtime is based. See our November 21, 2016 post Importance of Establishing An Employee’s Regular Rate of Pay here..   To recap, overtime pay is calculated at the rate of one and one half times an employee’s…

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Connecticut Supreme Court Rules Against Use of Fluctuating Workweek Method in Calculating Overtime Pay for Retail Employees

On August 17, 2017, in Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court invalidated the fluctuating workweek method of calculating overtime pay for retail employees who are paid in whole or in part by commission.  The effect of this ruling is particularly significant to multi-state retail establishments with Connecticut employees, as the ruling…

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How Does the Withdrawal of the DOL’s 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors by Trump’s Secretary of Labor Impact Employers?

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance documents on joint employment and independent contractors.  In the three sentence press release announcing the withdrawal, the DOL reminded employers that it plans to fully and fairly enforce all laws within…

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The Department of Labor Opines That The Fair Labor Standards Act Sets The Floor With Respect To Wage Standards For Disabled Workers

On November 17, 2016, the U.S. Department of Labor issued new guidance on the payment of subminimum (or special minimum) wages to workers with disabilities.  As many are aware, Section 14(c) of the Fair Labor Standards Act (“FLSA” or “Act”) authorizes the DOL to issue certificates permitting employers to pay subminimum wages to workers who…

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They Also Serve Who Only Stand and Wait – At No Extra Charge

Last month, this blog discussed a case pending at the U.S. Supreme Court on the issue of whether employees who were required to pass through a security clearance at the beginning and end of their shifts could claim that the time spent waiting in line for clearance should be considered paid time under the Fair…

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