John E. Thompson

About the Author

John Thompson

John Thompson is a partner in the Atlanta office of the law firm Fisher & Phillips. His practice focuses on wage and hour law, assisting employers in preventive efforts designed to ensure compliance, and he handles both investigations conducted by government agencies and litigation in the wage and hour area. John has served as a Special Assistant Attorney General for wage-hour matters for the State of Georgia. Contact him at jthompson@laborlawyers.com.

Appeals Court Adds a New Wrinkle to the Unpaid Intern Question

My-name-is-Intern

By John E. Thompson Readers will recall that last July, the New York-based Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a “primary benefit” framework for determining whether a for-profit entity’s unpaid intern is or is not an “employee” for purposes of the federal Fair Labor…

U.S. Department of Labor Reaching Out to Retail Workers About Their Rights

Retail workers

By John E. Thompson Employers in the retail industry take note: The U.S. Department of Labor’s Wage and Hour Division has announced that it is “reach[ing] out to [retail] workers to educate them about their rights” under the federal Fair Labor Standards Act. The initiative includes Labor Department’s publication of a Holiday Season…

Proposed Labor Department Regulations Would Greatly Expand Overtime Pay

Overtime overwork

By John E. Thompson At long last, the anxiously-awaited proposed changes in regulations defining the federal Fair Labor Standards Act’s Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been published by the U.S. Department of Labor for public consideration and comment. Blaring headlines notwithstanding, here is what you should know: These…

Another Study Urges Restricting Employers’ Scheduling Options

Schedule

By John E. Thompson Just as we expected, another report – this one from DC Jobs With Justice, the Jobs With Justice Education Fund, the DC Fiscal Policy Institute, and the Georgetown University Department of Government – asserts that District of Columbia employers are imposing “erratic and unpredictable hours” for their workers in an effort…

Expect Labor Department’s Independent Contractor Clarification This Summer

Secretary of Labor Thomas Perez with House Minority Leader Nancy PelosiSecretary of Labor Thomas Perez with House Minority Leader Nancy Pelosi

By John E. Thompson Employment Law360 recently reported U.S. Wage and Hour Division Administrator David Weil‘s announcement that he will soon release an Administrator Interpretation stating “a very clear set of criteria” delineating the agency’s view of who is and is not a “legitimate independent contractor” under the federal Fair Labor Standards Act….

Should Employers Keep Time Records For Exempt Employees?

time_clock

By John E. Thompson Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial “lawyer’s answer,” it depends.

Push to Require “Predictable Scheduling” Is Gaining Momentum

Schedule

By John E. Thompson In February, we reported on U.S. Wage and Hour Division Administrator David Weil‘s comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees to “predictable scheduling.” His remarks related to whether there is an enforceable right to a stable work schedule and to…

Labor Dept. Says Again: No More Opinions For Employers on the FLSA

Labor Department DOL

By John E. Thompson From the federal Fair Labor Standards Act‘s inception in 1938, employers sought, and officials of the U.S. Department of Labor’s Wage and Hour Division provided, official written explanations of how that law works in particular situations. These “opinion letters” served as an important means by which the public could…

FLSA Changes Could Make Many Retail Managers Non-Exempt Employees

flsa

By John E. Thompson Expectations are that the U.S. Labor Department’s proposed regulations re-defining the federal Fair Labor Standards Act‘s executive, administrative, professional, outside-sales, and derivative exemptions will be released in the next few weeks, if not within days. As we have said, these provisions will probably include: A substantial increase in the…

More Erroneous Nonsense on Tipped Wages, Courtesy of the Labor Dept.

minimum wage

By John E. Thompson A recent post appearing on the U.S. Department of Labor’s blog begins, “The federal tipped minimum wage has been $2.13/hour since 1991. That’s right – it’s been the same for nearly a quarter century.” Actually, that’s wrong. As we explained previously, there is no such thing as a purportedly…