After over a year of COVID-19 restrictions and with more people getting vaccinated every day, Pennsylvania, according to many reports, plans to relax its COVID-19-related safety measures on businesses in time for Memorial Day. Thus, it seems employers finally may be on a path toward fully reopening.

For those employers, the reopening process can present a unique opportunity to revisit and update their policies and procedures to ensure compliance with various federal, state and local laws. In fact, two cases recently decided in the U.S. District Court for the Eastern District of Pennsylvania make clear that certain employers in particular—restaurant and bar owners—may want to seize this opportunity to ensure that they currently are and will continue to be in full compliance with the Fair Labor Standards Act (FLSA) as they reopen.

Requirements Under Section 203(m) of the FLSA and Its Regulations