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Articles Posted in Fair Labor Standards Act

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NEW FEDERAL RULE ADOPTED ON WHETHER TO CLASSIFY A WORKER AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR

On March 11, 2024, the U.S. Department of Labor’s (USDOL) final rule for determining whether a person is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA) will take effect. 29 CFR part 795. FLSA establishes minimum wage, overtime pay, recordkeeping and child labor standards…

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THE TENTH CIRCUIT REJECTS AN EMPLOYERS DE MINIMIS DOCTRINE ARGUMENT UNDER THE FEDERAL FAIR LABOR STANDARDS ACT

As general matter the federal Fair Labor Standards Act (the “FLSA”) requires employers to compensate employees for all the time employees have worked no matter where and when the work is done. However, an exception exists called the De Minimis Doctrine which permits employers not to pay employees when employees…

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FEDERAL DISTRICT COURT JUDGE ORDERS WAWA, INC. TO PAY $1.4 MILLION TO SETTLE FLSA MISCLASSIFCATION CLASS ACTION LAWSUIT

After two years of litigation in federal court, U.S. District Court Judge Peter Sheridan ordered Wawa, Inc. (Wawa) to pay $1.4 million in order to settle a class action lawsuit filed against it by assistant store managers called “Assistant General Managers” (AGMs) who alleged violations of the Fair Labor Standards…

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