The Department of Labor has begun enforcing the law passed in March 2010 requiring break time for nursing mothers and has cited 15 employers for violations of the law. We wrote about this law at the time the statute went into effect.
Continue Reading Department of Labor Begins Enforcing Requirement that Employers Provide Breaks to Nursing Mothers

We have been receiving questions lately from clients and friends regarding the continued validity of the Department of Labor’s FMLA forms that we posted here. The Department has requested approval for the renewal of these forms from the federal Office of Management and Budget. In the meantime, employers may continue to use these forms.

Back in May, we hailed the Supreme Court’s decision in AT&T Mobility v. Concepcion as a potentially huge step forward for employers that seek to require individual arbitration of employment claims. Last week, however, the NLRB again proved to be the wet blanket at the party.
Continue Reading NLRB’s D.R. Horton Decision Places Road Block In Front of Employer Mandated Class Action Waivers

We’ve noticed some cases recently filed challenging employers’ use of the fluctuating workweek method to determine the overtime compensation for employees who receive commission payments. Plaintiffs are alleging that this practice is not permitted by the Fair Labor Standards Act (FLSA) when employees earn commissions in addition to their salaries. However, this issue is unresolved, and precedent seems to favor the employer defendants.
Continue Reading FLSA Hot Topic: The Fluctuating Workweek and Commission Pay

It’s only Wednesday and already this is proving to be a potentially huge week for organized labor. In moves long sought by organized labor and opposed by business groups, the Obama Administration issued two proposed federal regulations this week that could significantly impact union elections.
Continue Reading Obama Administration Issues Two Proposed Regulations Designed to Promote Pro-Union Agenda

In wage and hour cases, the number of hours employees have worked is usually a primary issue.  When employees are misclassified as exempt, employers are often in a bind because they have not tracked the employees’ time and are unable to refute the claims made by the employees as to how much time they worked.  Even in cases in which employees are classified as nonexempt, employees frequently claim to have worked more than 40 hours per week without being paid overtime.  In either situation, it is often the case that employees have not kept contemporaneous time records themselves either.
 

Continue Reading Employers Beware – DOL Unveils Smartphone Timekeeper App