The federal Fair Labor Standards Act (“FLSA”) provides for the payment of overtime at the rate of one and a half times an employee’s regular rate of pay for each hour worked in excess of 40 during a 7-day workweek. There are a number of exemptions to the FLSA’s overtime pay requirements, the details of
Fair Labor Standards Act
Employer “Poster” Compliance for Remote Workers
By April Walter on
Posted in Fair Labor Standards Act, Labor and Employment Law
With many employees shifting to work remotely long-term in the wake of the COVID-19 pandemic, employers must be mindful of how to comply with their employment-law posting requirements vis-à-vis their remote workers. The commonly used laminated collage of posters hanging on an employee bulletin board back at the office will not suffice for these workers. …
The Fifth Circuit Announces New Standard For Collective Action Certification
By Erin Kilgore & Zoë Vermeulen on
Posted in Fair Labor Standards Act, Labor and Employment Law
On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit vastly changed the landscape for collective action wage and hour claims under the federal Fair Labor Standards Act.
In Swales v. KLLM Transport Services, L.L.C., the Fifth Circuit rejected the lenient standard typically employed by federal district courts for “conditionally certifying”…