The FLSA: 86 Years Young
The FLSA: 86 Years Young
The Wage and Hour subcommittee of the Labor and Employment Law Section of the Florida Bar hosted a free CLE that included a panel discussion about the Fair Labor Standards Act (FLSA) and what employers must do to comply with recent changes.
FLSA is one of the oldest employment laws in existence. When enacted the “bill provided for a 40-cent-an-hour minimum wage, a 40-hour maximum workweek, and a minimum working age of 16 except in certain industries outside of mining and manufacturing.” While the minimum wage has increased, the bill continues to require covered employers to pay minimum wage and overtime for all hours worked over forty in a workweek. Sounds simple enough but as recently as 2023, cases reached the United States Supreme Court for a ruling.
RumbergerKirk’s Linda Bond Edwards led the panel discussion about why the law continues to be relevant even in the midst of technological changes that affect how and where people work. RumbergerKirk employment attorney Kayla Platt Rady addressed the most recent changes in the FLSA and how employers can comply.
Key points addressed:
- Demonstrate how Plaintiff’s claims are taking a deeper dive into the law to find violations of the basic requirements to pay minimum wage and overtime to covered employees.
- Address how defense attorneys gear up to defend the nuanced claims.
- Highlight how employers can comply with the new salary minimums for exempt employees.
During the presentation, the panel members shared these takeaways and more:
- The minimum salary changes take effect January 1, 2025;
- Ensure there are accurate record keeping mechanisms in place for remote working;
- Properly classify student workers and student athletes;
- Remember, a restaurant “service charge” is not a “tip” according to “Salt Bae” (Compere v. Nusret Miami LLC 28 .4th 1180 (11th Cir. 2022).
