Earlier this year, the U.S. Department of Labor published a final rule that sheds new light on how it will decide whether workers are employees or independent contractors.  The rule, which replaces a rule issued in 2021, guides how the agency will administer and enforce the Fair Labor Standards Act (FLSA). The 2021 rule had […]

In December 2023, the U.S. Department of Labor (DOL) published its Fall 2023 Regulatory Agenda, which provides insight into what will be keeping DOL’s leadership and regulation writers busy early in 2024. Among the actions of interest to human resources professionals is an indication that the DOL plans to issue a final rule defining and […]

On December 29, 2022, President Biden signed into law the Providing Urgent Maternal Protections for Nursing Motions (PUMP) Act. (For more information, please read our Client Alert.) The PUMP Act requires employers to provide a reasonable amount of break time and a private, non-bathroom space to express milk as frequently as needed by the nursing […]

Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss the proposed change to the Fair Labor Standards Act, if it will go into effect and what companies should be doing to prepare. You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google […]

With the holidays around the corner, tis the season for a refresher on holiday pay laws and best practices! In general, the Fair Labor Standards Act does not require private employers to provide holiday pay. There are certain rare exceptions for private employers with federal contracts who are covered by the labor standards of the […]

As the weather starts to change, you might be one of the employers keeping an eye on key performance indicators to determine how 2023 is shaping up for your company. You might even be thinking, “maybe we’ll issue a bonus if the company reaches certain financial goals.” What a “treat” that would be for your […]

Under the Fair Labor Standards Act (FLSA), most employees in the United States must be paid at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek. However, there are some exceptions, including an exemption for highly compensated employees. Under the FLSA, one is a highly compensated employee if […]

Maternal and paternal leave have been common topics of conversation, and sometimes debate, in the U.S. for years. Yet, little discussion occurs around how to welcome new parents back after leave. Mothers, especially nursing mothers, face unique challenges in their return to the workplace. It is important that employers understand nursing mothers’ rights under federal […]

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss hot topics related to the Fair Labor Standards Act as the COVID pandemic reaches 18 months. You can also listen to this and future episodes by subscribing to “The Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google Podcasts

FLSA exemption status always seems to cause a little bit of queasiness.  Many clients with whom we speak are concerned that they’re going to do one little thing incorrectly that will cause their exempt employees to lose their exemption status and will require the employer to pay ungodly amounts of unpaid wages and overtime.  Of […]