"As the season for sweet onions ends, another onion farm labor dispute begins," observes Judge B. Avant Edenfield of the Southern District of Georgia in a new opinion, commenting upon the flurry of FLSA lawsuits filed in recent years in the American Southeast arising out of labor conditions at large farming concerns utilizing immigrant workers. Judge
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Two Courts Analyze FLSA’s Establishment Test To Determine If Plaintiffs Are Entitled To Overtime Pay
By Noel P. Tripp on
Posted in Exemptions
General practitioners and non-attorneys may or may not be aware that the applicability of the FLSA’s overtime provision to various aspects of a business is not always uniform across the “establishment.” This is because the FLSA’s implementing regulations contemplate multiple distinct “establishments” even within the same physical premises. 29 C.F.R. § 779.305.Two new District Court decisions highlight…