Posts Tagged ‘FLSA’

DOL rescinds prior guidance on interns, adopts primary beneficiary test

On Friday, January 5, 2018, the Department of Labor rescinded prior agency guidance from 2010 regarding internship programs for “for-profit” employers. The prior guidance had been criticized by courts as “too rigid” and inconsistent with the Fair Labor Standards Act. The 2010 guidance required employers to apply a rigid six-factor test. Under the 2010 guidance,…

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Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount. Employees were already being paid more than minimum wage Employee Bridgette Marlow brought suit against her employer, The New Food…

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Summertime, and the Livin’ is…well, potentially complicated

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of employment relationships that can get employers into trouble. Let’s review three potential culprits. First up, the “summer intern” So energetic! So…

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DOL releases new overtime regulations

On May 17, 2016, the U.S. Department of Labor issued the new Fair Labor Standards Act overtime regulations, which will mean millions of employees who are currently exempt will, for the first time, earn overtime for any hours worked in excess of 40 during a work week. Previously, the minimum salary level to qualify for…

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