by Girish Anand | Aug 16, 2012 | DOL, Federal Labor Law, FLSA, Minimum Wage Law
Speaking before the American Bar Association (ABA) at its annual conference this month, Solicitor M. Patricia Smith of the Department of Labor (DOL) said that investigations of employment arrangements that incorrectly classify people as independent contractors, or...
by Girish Anand | Aug 15, 2012 | DOL, FLSA, FMLA, WHD
The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be...
by Girish Anand | May 5, 2011 | DOL, Federal Labor Law, Minimum Wage Law
New Fair Labor Standards Act (FLSA) regulations incorporating amendments and clarifications from recent years take effect today, May 5, 2011. The new rules also concern tip pooling arrangements, which make clear that tips cannot be diverted from people receiving them...
by Girish Anand | May 3, 2011 | DOL
Calling the Department of Labor's Fact Sheet #71—"Internship Programs Under the Fair Labor Standards Act"—"a poor method" and "overly rigid and inconsistent," the 6th Circuit Court of Appeals has ruled in favor of a...
by Girish Anand | Mar 22, 2011 | EEOC, Federal Labor Law
The U.S. Supreme Court today (March 22, 2011) overturned the 7th Circuit Court of Appeals' ruling that, to be valid, complaints under the anti-retaliation provision of the Fair Labor Standards Act (FLSA) must be in writing. In Kasten v. Saint-Gobain Performance...