On December 9, 2014, the United States Supreme Court in Integrity Staffing Solutions, Inc. v. Busk unanimously held that time spent going through mandatory security screening at the conclusion of one’s shift is not compensable time under the Fair Labor Stands Act (“FLSA”), even if the security screening takes as long as 25 minutes. Reversing
Wage and Hour
New Requirements for Federal Contractors Regarding Disclosure of Labor Law Violations, Pre-Dispute Arbitration Clauses, and Paycheck Transparency
Recently, President Barack Obama signed an Executive Order entitled “Fair Pay and Safe Workplaces,” which will affect approximately 24,000 businesses. Businesses seeking to obtain federal procurement contracts for goods and services, including construction, valued at over $500,000 (“federal contractors”) must comply with a number of new requirements.
Likely most significant is that covered federal contractors…
OFCCP Proposes New Rule Regarding Data Collection of Employee Compensation
The Department of Labor (“DOL”) has followed through on a directive given by President Obama earlier this year regarding the collection of compensation data by federal contractors and subcontractors. On April 8, 2014, President Obama issued a memorandum entitled Advancing Pay Equality Through Compensation Data Collection, which directed the DOL to propose, within 120…
High Court Rebukes DOL’s Interpretation of the Outside Sales Exemption; Pharmaceutical Sales Representatives are Exempt Under FLSA
The United States Supreme Court held today that pharmaceutical sales representatives are exempt from overtime under the outside sales exemption of the Fair Labor Standards Act. The significance of the decision for labor lawyers and employers is not necessarily in the result, but in the Court’s sharp criticism of the DOL’s interpretation of its regulations…
Ohio Increases Minimum Wage
Because of a Constitutional Amendment passed in better times, Ohio must adjust its minimum wage annually based on cost of living statistics. The Ohio Department of Commerce has just announced that Ohio’s minimum wage will increase by 30 cents an hour (3.9%) from $7.40 to $7.70 per hour. Tipped employees will see their minimum hourly…
What does the Supreme Court’s decision in Saint-Gobain mean for employer policies and planning?
Most of the commentary on the Supreme Court’s recent decision in Kasten v. Saint-Gobain Performance Plastics, 563 U.S. ___ (2011), available here, has focused on the fact that the Court apparently took a pro-employee, anti-business position by deciding that a relatively informal complaint about the location of a time clock could be considered a…
