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Tag:FLSA

Collective Action Notice Requirements: The Next Hurdle in the Arbitration Fight

Apr 30, 2020 Alisha Jarwala

Following the Supreme Court’s decision in Epic Systems Corp v. Lewis, which upheld employer use of class and collective action waivers, plaintiffs’ lawyers have turned to filing hundreds or thousands of simultaneous individual arbitrations against employers. This strategy can pressure companies to change arbitration policies or to settle claims, because large numbers of individual arbitrations […]

January 21, 2020
News & Commentary

Ryan Gorman

Bloomberg Law reports that teacher strikes across the U.S. have led to higher bargained-for wages over the past two years. In 2018, teachers and other school staff across West Virginia went on strike to protest working conditions in the state’s schools. Similar strikes around the country followed, often assisted by social media and accompanied by […]

December 8, 2019
News & Commentary

Deanna Krokos

This week, CBS News brought some attention to “outdated rules” in the Fair Labor Standards Act that exempt workers at theater chains like AMC from receiving overtime protections. Workers scheduled for 80-hour weeks or holiday shifts see no increase in their base wage because the FLSA exempts workers “employed by an establishment which is a […]

June 20, 2019
News & Commentary

Jared Odessky

Two decades after its introduction, the Farmworkers Fair Labor Practices Act passed both the New York State Assembly and Senate yesterday. The bill guarantees farmworkers collective bargaining rights, workers’ compensation, and unemployment benefits, and also provides for overtime pay for work in excess of 60 hours a week. Governor Cuomo has indicated he will sign […]

Another Phony GOP House Labor Hearing

Sep 28, 2017 Andrew Strom

A couple of weeks ago, a House Education and the Workforce Subcommittee held a hearing on another bill to dismantle basic workplace protections. The bill, H.R. 3441, dishonestly labeled the “Save Local Business Act,” could more properly be titled, the “Shield Big Business Act,” or perhaps the “Leave Workers Without a Remedy Act.” The proposal […]

DOL Withdraws Weil Memos on Misclassification and Joint Employment

Jun 7, 2017 Benjamin Sachs

The Department of Labor announced today that it has withdrawn two memos (so-called Administrator’s Interpretations, or AIs) issued by David Weil’s Wage and Hour Division in 2015 and 2106. The first AI concerned the definition of employment under the Fair Labor Standards Act and helpfully clarified existing law regarding the distinction between employees and independent contractors. […]

Equal Pay [for Teens] for Equal Work

May 15, 2017 Suzanne Schlossberg

Tyeshawn Clark,[1] is a 17-year-old high school student who lives with his mom and 2-year-old brother in Dorchester, MA. Every day after school Tyeshawn works at the Transformative Culture Project, a job placement he found through the Boston Private Industry Council, an employment program at his high school. This is the third job for Tyeshawn, […]

May 5, 2017
News & Commentary

Jon Weinberg

Congress may be open to revisiting the classification of gig economy workers as employees or independent contractors under the Fair Labor Standards Act. Per Bloomberg BNA, “the head of the House workforce committee May 3 told an audience of innovators that she would be open to updating the Great Depression-era Fair Labor Standards Act to better […]

May 4, 2017
News & Commentary

Isis Freeman

The New York Times reports that Apple plans to create a $1 billion fund for the advancement of manufacturing jobs in the United States. In an interview with CNBC, Apple’s chief executive Timothy D. Cook noted, “Those manufacturing jobs create more jobs around them because you have a service industry that builds up around them.” […]

Where Tips End and Wages Begin

Apr 17, 2017 Christopher M. Young

One year ago, this blog featured a post that outlined various reasons why the restaurant industry’s use of tips in lieu of guaranteed wages had come to provoke, in the author’s words, “a firestorm of criticism”: that reliance on tips as a significant component of server take-home pay 1) destined many servers to earning a […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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