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Health care employers continue to face heightened scrutiny of their wage and hour practices. Hospitals, physician groups, long-term care facilities, rehabilitation providers, home health agencies, and other health care organizations operate around the clock and often rely on complex scheduling and compensation structures. Those operational realities can create compliance challenges under the Fair Labor Standards […]
Both the Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act (AMWA) require “employers” to pay employees minimum wage for all hours worked. Restaurant owners often use layered LLCs to separate ownership from operations, oftentimes intended to insulate the entities and owners from liability. When a lawsuit is filed against layered LLCs, many […]
The Fair Labor Standards Act (FLSA) is complicated. So, the best way to learn is by posing a question, deconstructing the issues, and then answering them. Facts An employee works in a sprawling facility. She gets a 30-minute unpaid meal period. It takes between five and 10 minutes to walk to her car, same upon […]
I hear the incredulity from clients constantly: “Overtime? We pay our employees a salary—they aren’t eligible for overtime.” I call it the salary assumption. Unofficially, it’s the most common misconception in employment law. And it’s an understandable mistake. If an employee is paid a salary, how could an hourly overtime rate apply? The Fair Labor […]
Sometimes, employers struggle with whether to pay employees for overtime hours they didn’t know the employees were working. As two recent court cases demonstrate, what an employer knew and when it knew it can decide whether a company is obligated to pay for overtime work. Autonomous Agency Manager Jerry Merritt supervised insurance agents in his […]
In the wake of Loper Bright, many employers have questioned whether long-standing federal regulations remain on solid footing. On April 1, 2026, in DOL v. Americare Healthcare Services,the U.S. Court of Appeals for the Sixth Circuit provided a clear answer – yes, where Congress has expressly delegated authority to an agency. In a decision with immediate implications […]
Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain wage and hour matters under the Fair Labor Standards Act (FLSA). While these opinion letters are nonbinding, courts often defer to these letters when presented with similar issues. The letters also offer employers valuable insight into the DOL’s interpretation […]
In a case involving overtime allegedly owed to sales reps, the U.S. Supreme Court held that the “preponderance of the evidence” standard applies when an employer attempts to show an employee is exempt from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA). Employer Claims Exemption Several sales representatives for […]
The Department of Labor (DOL) recently announced the return of the Payroll Audit Independent Determination (PAID) program. PAID is a voluntary compliance initiative that helps employers resolve inadvertent violations of the Fair Labor Standards Act (FLSA)—such as unpaid overtime or minimum wage—without litigation or civil monetary penalties. This announcement extended the reach of PAID to […]
Q: Are there any exceptions to meal and rest break requirements? Can we allow employees to waive their meal breaks if they work six hours instead of eight? Federal law doesn’t require employers to provide employees with meal and rest breaks. Requirements for such breaks are often addressed under state law. As a result, break […]