DOL Issues An Opinion Regarding FMLA-Related Breaks
On April 12, 2018, the U.S. Department of Labor (DOL) issued an opinion letter regarding whether a non-exempt employee’s 15-minute FMLA-related rest breaks are compensable. Under the FLSA, rest breaks up to 20 minutes in length are ordinarily compensable because they primarily benefit the employer. The DOL differentiated these compensable breaks from the non-compensable short rest breaks that primarily benefit the employee. Specifically, under the FMLA, eligible employees may
Service Advisors Who Work For Auto Dealerships Are Not Entitled to Overtime
On April 2, 2018, in Encino Motorcars, LLC v. Navarro, the United States Supreme Court issued a decision favorable for employers, especially those facing misclassification claims. In this decision, the Court rejected the principle that the FLSA should be construed narrowly and ruled that service advisors who work for auto dealerships are not entitled to overtime under the Fair Labor Standards Act (“FLSA”). Full text of the opinion can be found here: https://www.supremecourt.g
Washington Joins Other “Ban the Box” States
On March 13, 2018, Governor Inslee signed the Washington Fair Chance Act, a legislation to “Ban the Box” that will make it illegal for Washington employers to ask applicants about their arrests and/or convictions until after an applicant is determined otherwise qualified for a position. The law will become effective June 7, 2018 and will prohibit employers from asking or obtaining information about a job applicant’s criminal record until after determining that the applicant i
