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Employment & Labor Insider

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Category Archives: Wage-Hour

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DOL announces 2018 minimum wage for employees of some federal contractors

Posted in Affirmative Action, Affirmative Action Edition, Wage-Hour
NOTE FROM ROBIN: I have bad news and good news. The bad news is that this is the last post from the Affirmative Action and OFCCP Compliance Practice Group that will appear on Employment & Labor Insider. The good news is that the group is starting its own blog, Affirmative Action Edition, in late October. We will… Continue Reading

Second-guessing the advice columns: Bad HR practices aren’t necessarily illegal.

Posted in Discrimination, HR, Lawyers!, Wage-Hour, Workers' Compensation
It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer complains that her employer is going to start evaluating employees based in part on their participation in company-sponsored “social” functions,… Continue Reading

Cheryl Stanton nominated for Wage Hour Administrator

Posted in Wage-Hour
Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director of the S.C. Department of Employment and Workforce, which administers unemployment compensation for the state. She has been a shareholder with the management-side employment… Continue Reading

Obama overtime rule is declared invalid — for good? (Let’s hope.)

Posted in Wage-Hour
NOTE FROM ROBIN: This is a client bulletin by Jim Coleman and Ellen Kearns, co-chairs of our Wage and Hour Practice Group, that went out this afternoon. Because the blog subscription and bulletin subscription lists are not identical, I’m reproducing the bulletin here for our blog readers. UPDATE (9/5/17): As we expected, today the U.S. Department of Labor filed an… Continue Reading

BREAKING: Obama overtime rule is struck down

Posted in Wage-Hour
I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant, and here is the Judgment. The judge granted a motion for summary judgment filed by the business… Continue Reading

Weekly catch-up

Posted in HR, Wage-Hour
The state of Oregon is the first in the Union to have a statewide “scheduling law.” The new law will take effect (for the most part) on July 1, 2018, and will apply to retail, hospitality, and food services employers with operations in Oregon, as long as they have at least 500 employees worldwide. Bob Ortbals, who… Continue Reading

NC “employee classification” law warrants caution but doesn’t change substantive law

Posted in Contingent Workers, Independent Contractor, Unemployment, Wage-Hour, Workers' Compensation
On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31. The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North Carolina… Continue Reading

DOL asks for feedback on salary levels in overtime rule

Posted in Wage-Hour
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted through September 25. Invoking President Trump’s Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the… Continue Reading

Weekly catch-up

Posted in California FEHA, Discrimination, Gender Identity Discrimination, Politics, Wage-Hour
Overtime rule – what’s the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor’s brief in the case challenging the Obama Administration’s overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position,… Continue Reading

Well, that’s weird. Trump DOL will pursue appeal of overtime decision

Posted in Politics, Wage-Hour
The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule. Some very quick background: The overtime rule, which would have more than doubled the salary threshold for administrative, executive, and some professional exemptions from the minimum wage and… Continue Reading

Litigation tactics can be FLSA retaliation? Wow.

Posted in Immigration, Lawyers!, Retaliation, Wage-Hour
Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last week. Are these judges crazy? You decide. In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit… Continue Reading

It’s SUMMER! Top 4 ways employers can get burned

Posted in Gender Identity Discrimination, Harassment, HR, Wage-Hour, Workers' Compensation
We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. (In the 1960s, melanoma was cool.) Sexist air conditioning. It seems like a long time since we’ve read anything about this employment law “issue.” The idea was that… Continue Reading

Weekly catch-up

Posted in Immigration, Labor Relations, Politics, Wage-Hour
And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration’s “Persuader Rule.” The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let’s hope. David Phippen of our Washington DC Metro Office has… Continue Reading

Weekly catch-up

Posted in Franchise, Independent Contractor, Politics, Wage-Hour
Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator’s Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The quick and dirty:… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Weekly catch-up

Posted in FOCUS, Wage-Hour
My law partner Heather Owen of our Jacksonville Office is back this week at FOCUS, our women’s leadership blog, with the third and final part of her series on “How the FLSA hurts women.” Her post this week provides specific examples of scenarios in which the relatively rigid requirements of the Fair Labor Standards Act make… Continue Reading

Comp time bill passes the House

Posted in Wage-Hour
The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April. For those who are worried that workers will be deprived of their overtime pay, here are a few… Continue Reading

St. Louis minimum wage hike takes effect tomorrow

Posted in Wage-Hour
Employers in St. Louis City must pay their employees a minimum wage of $10 an hour beginning tomorrow—Friday, May 5. The Mayor’s Office just announced that the injunction on the minimum wage ordinance has been lifted. Noncompliance with the ordinance subjects employers to prosecution in municipal court along with potentional revocation of business licenses and occupancy permits.… Continue Reading

6 timekeeping practices that reduce your risk of wage-hour liability

Posted in Wage-Hour
Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made. (Which makes it impossible to detect and correct errors.) Having addressed the “problem” last week, I wanted to talk this week about solutions.… Continue Reading

Weekly catch-up

Posted in ConstangyTV, FOCUS, Immigration, Wage-Hour, Work-Life Balance
ConstangyTV’s Close-Up on Workplace Law, April edition, is out! Host Leigh Tyson interviews John MacDonald, head of our Princeton (NJ) Office, about employment law issues unique to the financial and investment industries. If you haven’t already subscribed to our monthly video series, please do so. And, to save you the trouble of trekking all that… Continue Reading

Giant leap in St. Louis city minimum wage is imminent

Posted in Wage-Hour
Employers in St. Louis City should prepare for an imminent increase in the minimum wage from $7.70 to $10 per hour. On Tuesday, the Missouri Supreme Court issued its direction to lift an injunction blocking the City’s minimum wage ordinance from taking effect. The trial court that issued the injunction must now lift the injunction—which… Continue Reading