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...Read More

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...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

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

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 to make items for the co-op, and who were subject to expulsion for substandard work, were “employees”...Read More

Virginia’s Misclassification Anti-Retaliation Law, Va. Code § 40.1-33.1 (“MARL,” titled “Retaliatory actions prohibited; civil penalty”), provides that employers shall not discharge, penalize, or take any retaliatory action against an employee or independent contractor for reporting, or planning to report, to an appropriate authority an employer’s failure to properly classify an individual as an employee and failure to...Read More

In Harbourt v. PPE Casino Resorts Maryland, LLC, 820 F.3d 655 (4th Cir. 2016) the Fourth Circuit held that under the Fair Labor Standards Act, compensable “work,” for which the FLSA requires employers to pay at least minimum wage, broadly encompasses physical or mental exertion, whether burdensome or not, controlled or required by the employer primarily for its...Read More

In Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), the Fourth Circuit held that the limitations period for claims under the Fair Labor Standards Act was equitably tolled because the employer failed to post the required notice explaining workers’ rights under the FLSA. The decision is important because it means an employer who fails to post the...Read More

In Conner v. Cleveland County, N. Carolina, 22 F.4th 412 (4th Cir. 2022), the Fourth Circuit held that the overtime provisions of the Fair Labor Standards Act (“FLSA”) allow claims for “overtime gap time.” Overtime gap time refers to a particular type of wage-payment scheme, aimed at making employees subsidize their own overtime wages, where...Read More

The Virginia Gap Pay Act, VA Code § 9.1-700, et seq. (“VGPA”), provides that certain fire protection and law enforcement employees must be paid overtime compensation for time worked in the “gap.” The “gap” refers to the all hours of work between (a) the statutory maximum hours per work period under the Fair Labor Standards...Read More