In times of short staffing, it's important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as a stark reminder that exempt employees may perform nonexempt work but only if their primary duty remains exempt.

Whether to pay any travel time for employees under the Fair Labor Standards Act (FLSA) can be complicated. Those who believe they should be compensated for the time often challenge nonpayment. A dispute over travel time with one individual can sometimes even blossom into a class action lawsuit involving a large number of current and former employees. An oilfield employer recently found itself battling exactly that sort of expanding lawsuit.

Whether to pay any travel time for employees under the Fair Labor Standards Act (FLSA) can be complicated. Those who believe they should be compensated for the time often challenge nonpayment. A dispute over travel time with one individual can sometimes even blossom into a class action lawsuit involving a large number of current and former employees. An oilfield employer recently found itself battling exactly that sort of expanding lawsuit.

In 2021, the Democratically controlled Virginia General Assembly passed the Virginia Overtime Wage Act, which expanded the state’s overtime requirements beyond those set forth in the federal Fair Labor Standards Act (FLSA). The change made an employee-friendly calculation for overtime pay, increased the statute of limitations for filing a wage claim, and added enhanced penalties for employers that failed to pay the proper overtime. Elections have consequences, however, and last year’s Republican victories in the state elections resulted in a newly constituted General Assembly that is more conservative in its outlook.

The Equal Pay Act of 1963 (EPA) is the oldest federal law prohibiting pay discrimination based on sex. The EPA is narrow in scope, applying only to employees working in the same workplace and preforming jobs that are the same or substantially similar. The law is highly prescriptive on the defenses an employer can use to defeat an EPA claim. Employers will avoid liability only if they prove the pay difference at issue is justified by a seniority system, merit system, incentive system, or any other factor other than sex.

Question Can you clarify whether we must pay employees overtime if their 40 straight-time hours include paid time off (PTO) and then they work above that 40 hours?

A female employee wasn’t discriminated against for receiving less compensation than her male coworkers when she voluntarily chose to complete tasks that weren’t required of her, according to the U.S. 8th Circuit Court of Appeals (whose rulings apply to employers in Arkansas, Iowa, Minnesota, Missouri, Nebraska, and South Dakota employers), upholding a Nebraska federal district court decision.