Category

Minimum Wages
Effective July 1, 2024, the Department of Labor’s new independent contractor rules provide guidelines for distinguishing between employees and non-employee independent contractors, for purposes of the overtime and minimum wage requirements of the Fair Labor Standards Act. As explained below, the DOL rules closely parallel the test that the Fourth Circuit has historically applied in...
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In Bartels v. Birmingham, 332 U.S. 126, 67 S. Ct. 1547 (1947), the Supreme Court held that members of musical bands were employees of the bands’ leaders, rather than of the operators of the dance halls where the bands played, within the meaning of the Social Security Act. The Court emphasized that, inter alia, the...
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Timothy Coffield Attorney FLSA Seasonal Amusement
The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. However, the law contains several exceptions or “exemptions” from these requirements. This post will focus on the exemption for employees of seasonal amusement or recreational establishments under 29 U.S.C. § 213(a)(3). The Department of Labor...
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In United States v. Silk, 331 U.S. 704 (1947), the Supreme Court applied a multi-factor test for determining whether workers were independent contractors or employees. The case is important because, inter alia, these “Silk factors” came to be applied in cases under the Fair Labor Standards Act to determine whether the economic realities show that workers are “employees” for...
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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 employee’s regular or overtime hourly rate of pay. As explained below, FLSA regulations provide that, generally speaking, fees, expenses or other charges that the employer requires the employee to...
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