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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 […]
Q: If we send an employee to another country for a three-month assignment, are we required to pay overtime under the Fair Labor Standards Act (FLSA), or can we just pay a daily rate? Must we follow the pay regulations of the country the employee will be working in? Employers aren’t required to pay overtime […]
The recent changes to California’s wage and hour laws have significant implications for employers operating within the state. While the reforms are aimed at providing clearer guidelines for employers, there are still complex issues that HR professionals and employment lawyers must address. Key updates that affect your organization and what you can do to stay […]
The Supreme Court’s recent opinion in E.M.D. Sales Inc. et al. v. Carrera et al., No. 23-217, 2025 WL 96207 (U.S. Jan. 15, 2025) provides clarity for employers navigating the complexities of exemptions to the Fair Labor Standards Act (FLSA). This ruling set the “preponderance of the evidence” standard as the benchmark for proving exemptions, […]
In recent years, many businesses—in fact, even entire countries have made significant moves toward the implementation of a four-day workweek. With so much interest in a shift to a four-day workweek in recent years, it’s worth considering how we got to our current status quo. What’s so special about five days and 40 hours? Has […]