Tag: FLSA

FLSA

3rd Circuit Tackles Definition of Willful Conduct Under FLSA

The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that Lackawanna County’s failure to pay county employees overtime was not “willful” under the Fair Labor Standards Act (FLSA), even though an e-mail from the county acknowledged that it had “wage and hour issues.”

How FLSA Public Employer and Employee Coverage Differs from Private

The Fair Labor Standards Act (FLSA) defines an employer to include “any person acting directly or indirectly in the interest of an employer in relation to an employee,” including a public agency. Unlike most other federal employment laws, employers do not need to employ a threshold number of employees to be covered. Instead, specific criteria […]

bed, bath & beyond

Bed, Bath & Beyond Learns Wage and Hour Compliance Is No Bed of Roses

Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. Recently, Bed, Bath & Beyond was sued in Illinois federal court by assistant store managers who claim the company incorrectly classified them as exempt and improperly denied them overtime pay. With overtime claims on the rise, employers can’t afford […]