In Pennsylvania, it's critical for employers to clearly define whether someone who works for them is classified as an independent contractor or an employee. That's because, according to state law, unless an employer proves it otherwise, all individuals who work for a...
Minimizing Risk. Resolving Disputes. Protecting Your Business.
Fair Labor Standards Act (FLSA)
Frequently asked questions about overtime and work hours
As an employer, it is important to make sure that you are abiding by the fair labor standards act (FLSA) so as to ensure that you will not be subject to any complaints or claims made against your employees in regards to overtime and working hours. The following blog...
2015 FLSA Litigation: On the Rise
During the last 15 years, wage and hour lawsuits filed in federal court have risen over 450%. According to the Judicial Resource Center, 8,781 Fair Labor Standards Act lawsuits were filed in 2015, which is a 7.6 percent increase from 2014. This year has seen new...
Zannikos and the Fifth Circuit: Highly Compensated Oil Workers May be Exempt from the FLSA
Over the winter, our firm wrote an article about various FLSA exemptions and used the case of Zannikos v. Oil Inspections to illustrate the application of the highly compensated employee exemption. To summarize, in 2012, Vasilios Zannikos, on behalf of all similarly...
Department of Labor to Propose New Overtime Rules
The Executive Branch has pushed for the expansion of overtime availability. Last year, President Obama used his executive authority to trigger a review and revision of the current overtime rules, which currently prevent certain classes of salaried workers from...
FLSA: Employers, the Courts and Private Settlements
No matter how an employer choses to handle an FLSA complaint, it is important to know that the FLSA requires the Department of Labor to supervise all potential violation settlements. This means that employees who receive severance packages or conditioned settlement...
Home Care Aides and the FLSA: Judicial Checks on the Department of Labor
In 2014, the Department of Labor adopted a new regulation, scheduled to take effect on January 1, 2015. This new regulation aimed to eliminate an exemption from the Fair Labor Standards Act (FLSA) for home care aides and those who provide live-in domestic services. On...
The Black Swan Case: Unpaid Interns and the FLSA
In 2011, two unpaid production interns who worked on the set of the film, Black Swan, filed suit against Fox Searchlight Pictures, alleging the company had violated New York and federal minimum wage laws. These interns were required to perform tasks such as organizing...
Lessons from Wal-Mart: The Importance of Keeping Accurate Employee Records
For decades, Wal-Mart has been an enormously successful, if not controversial, corporation. Wal-Mart has been lauded for their efficiency and lasting profitability. However, due to poor employee policies and payroll record keeping, the Wal-Mart has been besieged with...
Integrity Employment Solutions v. Busk: Bringing Certainty to Employers
On Tuesday December 9, 2014, businesses everywhere were provided with a valuable tool in defending themselves from FLSA litigation. The Supreme Court ruled unanimously that a staffing agency was not required to pay workers at Amazon Warehouses for the time they spent...

