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Déjà Vu (All Over Again)

Darrell VanDeusen
Darrell VanDeusen
05/09/2024
FLSA Exemptions, Wage & Hour
Today’s musical interlude is John Fogerty’s Déjà vu (All Over Again), the first track off his 2004 album of the same name.  That was 20 years ago, but the lyrics resonate today. This song came to mind as I anticipate the reaction from the business community to the Department of Labor’s April 23, 2024 announcement of the expansion of overtime eligibility for certain employees.  The final rule was published in the Federal Register on April...
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Sixth Circuit Provides Little Guidance For Pizza Delivery Drivers FLSA Claim

Kollman & Saucier
Kollman & Saucier
03/22/2024
FLSA Exemptions
The Sixth Circuit Court of Appeals vacated the decisions of two federal district courts and remanded for further proceedings, without providing much guidance on what to do next.  Parker v. Battle Creek Pizza, 2024 U.S. App. LEXIS 5858 (6th Cir. 2024) was poised to guide employers on the reimbursement amount for minimum-wage pizza delivery drivers who purchase “tools” for their job.  A federal court in Michigan held the delivery drivers should...
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The U.S. Department of Labor Proposes New Overtime Eligibility Rule

Kollman & Saucier
Kollman & Saucier
09/08/2023
FLSA Exemptions, Legal Developments, Wage & Hour
Federal overtime pay provisions are part of the Fair Labor Standards Act (FLSA).  Unless exempt, employees covered by the FLSA must be paid at a time-and-a-half rate for time worked over 40 hours in a work week.  Under current law, workers who are salaried, earn at least $35,568 annually ($684 per week), and work in a bona fide executive, administrative, or professional capacity are exempt, meaning they are not entitled to overtime pay.  The...
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Third Circuit Rules Docking PTO Under Production Standard Does Not Run Afoul Of FLSA Exemption

Kollman & Saucier
Kollman & Saucier
03/20/2023
FLSA Exemptions, Wage & Hour
On March 15, 2023, the Third Circuit Court of Appeals issued its opinion of first impression in Higgins v. Bayada Home Health Care, Inc., Case No.: 21-3286, ___ F.4th ___ (Mar. 15, 2023), affirming the United States District Court for the Middle District of Pennsylvania decision granting summary judgment in favor of Bayada Home Health Care, Inc. (“Bayada”).  The issue in this case was whether Bayada’s practice of docking accrued paid time off...
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