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Employment Law Blog

Rutherford Food Corp. v. McComb: Economic Realities Test For Employment Relationship Under FLSA

In Rutherford Food Corp. v. McComb, 331 U.S. 722 (1947), the Supreme Court held that the meat boners working in a slaughterhouse, who worked under a contract, owned their own tools, and were paid collectively based on their production,...
•July 28, 2023•
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FLSA Compensable Time: On-Call Time and Waiting Time

The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the number of hours an employee “works” each workweek. As explained below, the...
•July 28, 2023•
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FLSA Compensable Time: Working Time, Rest Periods, and Meal Periods

The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the number of hours an employee “works” each workweek. As explained below, the...
•June 26, 2023•
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Goldberg v. Whitaker House Co-op., Inc: Homework and Economic Realities Can Indicate Employment Relationship Under FLSA

In Goldberg v. Whitaker House Co-op., Inc., 366 U.S. 28, 81 S. Ct. 933, 6 L. Ed. 2d 100 (1961), the Supreme Court held that members of a knitting cooperative who performed “homework,” were paid on a piece-rate basis...
•June 26, 2023•
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Virginia Veteran Preferential Hiring Law: Allowing Preference in Hiring and Promotion to Veterans or Spouses of Disabled Veterans

Virginia’s Veteran Preferential Hiring Law, Va. Code § 40.1-27.2 (“VPHL,” titled “Preference for veterans and spouses,”) allows employers to choose to grant preference in hiring and promotion to veterans or the spouses of disabled veterans.  Definition of Disabled Veteran The...
•April 19, 2023•
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