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Tag: FLSA

Study Finds Employment Litigation Reached Seven Year High

According to a study by Lex Machina, federal employment litigation has reached the highest levels they have been in seven years, since before the COVID-19 pandemic. This dramatic increase in litigation has been attributed to an increase in both discrimination cases and disability accommodation cases, which have risen dramatically since 2018. This shift is attributed partly to an increase of COVID-related disability claims, as well as other shifts in the law that have made it easier to sue for employment discrimination.

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USSC Holds “Preponderance” Standard in FLSA Case

In a recent ruling, E.M.D. Sales, Inc. v. Carrera, the US Supreme Court held that a “preponderance of the evidence” is the appropriate legal standard to determine if an employee is exempt under the Fair Labor Standards Act (FLSA). This is compared to the standard the respondent advanced, which is the much more stringent “clear and convincing evidence” standard. This means that it may be much harder for employees to prove they should be entitled to overtime pay. Continue reading “USSC Holds “Preponderance” Standard in FLSA Case”

FLSA Salary Increase Struck Down in Federal Court

A federal court in the Eastern District of Texas has struck down a recent Department of Labor (DOL) rule change that would have increased the income limit of people eligible for overtime under the Fair Labor Standards Act (FLSA). Under the court’s ruling, the overtime rule itself is unconstitutional, not only invalidating this rule change, but also a previous income increase. The net result is that fewer people will now be eligible for overtime pay in their current positions.

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Federal Appeals Court Says PTO is Not Salary

In a recently decided court case, the Third Circuit Court of Appeals has ruled that paid time off (sometimes referred to as PTO) earned through an employee’s job does not count as part of their salary. As a result, deductions made from an employee’s PTO by their employer does not violate the Fair Labor Standards Act (FLSA). This case is the first of its kind to be decided at the Circuit Court level, meaning it may influence how other similar decisions are made. Continue reading “Federal Appeals Court Says PTO is Not Salary”

Ninth Circuit Rules Pre-Shift Duties Covered by FLSA

In a recent decision issued by the Ninth Circuit Court of Appeals, it was ruled that the Fair Labor Standards Act (FLSA) requires compensation for pre-shift duties, such as turning on a computer and logging into a system. This reverses a lower court decision that had ruled the opposite, exempting employers from compensating employees for this extra time. The result could be a substantial increase in the pay for certain wage-earners.

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Federal Bill Proposal Seeks To Raise Overtime Threshold

In a combined effort to ensure overtime protections for low- and mid-wage salaried workers, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with eight Senate officials, recently introduced the Restoring Overtime Pay for Working Americans Act.

Presently, the Fair Labor Standards Act (FLSA) guarantees a minimum wage and overtime pay for private-sector U.S. workers. However, many workers are considered “exempt” from the law, partly because of a salary threshold, $23,660 per year or $455 per week, which is specifically directed at managers and “professional” employees.

Continue reading “Federal Bill Proposal Seeks To Raise Overtime Threshold”

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