FLSA - Industries and Occupations

In Montano v. Montrose Restaurant Associates, Inc., the U.S. Court of Appeals for the Fifth Circuit was presented with what may seem like an easy issue: does including a “coffeeman” in a tip pool invalidate the tip credit? The Fifth Circuit’s answer? It depends. While the court attempted to articula

Until recently, the U.S. Department of Labor (DOL) had long interpreted the federal Fair Labor Standards Act (FLSA) as exempting companionship-services workers and live-in domestic service workers employed by third-party employers (i.e., “home care agencies”) from the FLSA’s minimum wage and/or over

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the new Rule. In the Home Care Rule, issued in October 2013, the DOL declared

The U.S. Court of Appeals for the D.C. Circuit today ruled that the U.S. Department of Labor’s decision to reverse its prior position and extend the FLSA’s minimum wage and overtime protections to employees of third-party agencies who provide companionship services and live-in care within a home was

BREAKING NEWS: The D.C. Court of Appeals ruled today that the US Department of Labor's ("DOL") Final Rule on the Application of the Fair Labor Standards Act to Domestic Service (the "Final Rule") is valid, because it is "grounded in a reasonable interpretation of the statute (FLSA) and is neither ar

In accordance with the Ninth Circuit and several other federal court rulings, the Court of Appeals for the Fourth Circuit yesterday held that an employee cannot bring a claim for wages based on allegedly misappropriated gratuities under the FLSA. Trejo v. Ryman Hospitality Props., 2015 U.S. App. LEX

In Navarro v. Encino Motorcars, LLC (9th Cir. Mar. 24 2015), the U.S. Court of Appeals for the Ninth Circuit addressed an issue of first impression in the Circuit: whether individuals who worked for automobile dealerships as “service advisors” were exempt from the Fair Labor Standards Act’s (“FLSA”)

On December 17, 2014, Judge Charles Norgle of the Northern District of Illinois granted summary judgment to an employer on all counts in a tip credit case where servers argued they were engaged in activities outside of their server duties. In Schaefer v. Walker Bros. Enterprises, Inc., 10 CV 6366, p

On Thursday, January 22, 2015, the U.S. Department of Labor (DOL) appealed the U.S. District Court for the District of Columbia's two orders that vacated both major provisions of the DOL's Home Care Rule. Originally intended to be effective on January 1, 2015, the new rule would have excluded third-

On Wednesday, January 14, 2015, the U.S. District Court for the District of Columbia vacated the U.S. Department of Labor's new rule that purported to narrow the definition of "companionship services" exempt from overtime under the Fair Labor Standards Act. Rejecting the DOL's arguments in support o

At the eleventh hour, a District of Columbia federal court today issued a Temporary Restraining Order (TRO) preventing a U.S. Department of Labor (DOL) rule from taking effect on January 1, 2015 that would have drastically narrowed the "companionship services" exemption from overtime under the Fair

Under the Department of Labor's Final Rule on Domestic Service, a "Sleep-In" worker is one who is required to be on duty for 24 hours or more. This worker differs from a "Live-In Domestic Services Employee" ("Live-In") who (1) provides services in a private home, and (2) resides on the employer's pr

The Department of Labor's Wage and Hour Division (WHD) has announced that it will hold off on bringing enforcement actions against employers for violating the new minimum wage and overtime requirements imposed by the controversial home care regulations that take effect on January 1, 2015. Issued ove

Executive Summary: In an attempt to draw attention to their ongoing efforts to raise the minimum wage to $15 per hour, union organizers have announced another walkout/strike for May 15th. The latest push, an international effort headed by the International Union of Food, Agricultural, Hotel, Restaur

During a House Subcommittee on Workforce Protections hearing – Redefining Companion Care: Jeopardizing Access to Affordable Care for Seniors and Individuals with Disabilities – panelists and lawmakers highlighted problems that await home care providers, workers, and care recipients when the Departme

On October 1, 2013, the Department of Labor's Wage and Hour Division (DOL) published a final rule in the Federal Register eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies. The new regulations

Executive Summary: Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final Rule Limiting Domestic Services, the Fair Labor Standards

The U.S. Department of Labor (DOL) recently revised its own regulations to significantly narrow the definition of what it called “companionship services” so that many direct care workers — such as certified nursing assistants, home health aides, personal care aides, and other caregivers — will be pr

On September 17, 2013, the Department of Labor's Wage and Hour Division (DOL) announced a final rule eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies. The new regulations, which go into effec

Executive Summary: On September 17, 2013, the U.S. Department of Labor (DOL) issued its long-delayed Final Rule revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed direct care workers. While the effective date of the revisions is po