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FLSA
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, most of which turn on a combination of the employees’ pay and the nature of their job duties. For example, Section 13(a)(1) of the FLSA provides an “exemption”...
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In Citicorp Indus. Credit, Inc. v. Brock, 483 U.S. 27, 107 S. Ct. 2694 (1987) the Supreme Court held that the Fair Labor Standards Act’s prohibition on selling “hot goods” applies to secured creditors who acquire the goods pursuant to a security agreement, even when the creditor itself did not engage in an FLSA violation. Statutory Background...
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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 number of hours an employee “works” each workweek. As explained below, the FLSA generally requires that compensable working time include any time that an employee is suffered or permitted...
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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, most of which turn on a combination of the employees’ pay and the nature of their job duties. For example, Section 13(a)(1) of the FLSA provides an “exemption”...
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In Darveau v. Detecon, Inc., 515 F.3d 334 (4th Cir. 2008), the Fourth Circuit held that an employee could be protected by the anti-retaliation provision of the Fair Labor Standards Act when a former employer responded to the employee’s overtime lawsuit by filing a counterclaim against the employee without a reasonable basis in fact or law....
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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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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, which pay they divided among themselves, were “employees” of the slaughterhouse within the meaning of the Fair Labor...
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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 number of hours an employee “works” each workweek. As explained below, the FLSA generally requires that compensable working time include any time that an employee is suffered or permitted...
Read More
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 FLSA generally requires that compensable working time include any time that an employee is suffered or permitted...
Read More
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