Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Fair Labor Standards Act”

“HR Horribles” — collect ’em all!

Posted in HR
Remember the Garbage Pail Kids from the ’80s? I have had an inspiration that will make my fortune! I’m going to create a set of collectible “HR Horribles”™ trading cards, representing the employees who make Human Resources professionals’ lives a living heck. Here is my first set: Randy Romeo. Romeo has never met a woman he didn’t like,… Continue Reading

Queen for a day: If I ran the world, would I scrap our employment laws?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Family and Medical Leave Act, HR, Labor Relations, Telecommuting, Wage-Hour
Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week: For those of you who don’t know Mr. Olson, he’s a libertarian.  :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections… Continue Reading

Weekly catch-up

Posted in Class actions, eLaw, Elections, Gender Identity Discrimination, Politics, Wage-Hour
Attention, New York employers! The Empire State (and the Big Apple) have enacted a number of employment-related laws — including minimum wage, family leave, freelance worker protections, and bathroom designations — that have recently taken effect, or will take effect in the not-too-distant future. Anjanette Cabrera and Stephen Stecker from our New York City Office… Continue Reading

Quick update on the FLSA overtime rule

Posted in Wage-Hour
Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case. In-depth analyses of the impact of Judge Mazzant’s preliminary injunction decision are available here and here. Denial of the stay means that Judge Mazzant could issue a final decision any… Continue Reading

What should employers do about overtime now? Ask the wage-hour lawyers.

Posted in Wage-Hour
As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article… Continue Reading

Court blocks DOL overtime rule: The fuller story

Posted in Wage-Hour
NOTE FROM ROBIN: As I posted last night, the U.S. Department of Labor Overtime Rule, which would have taken effect a week from tomorrow, has been preliminarily enjoined. I am re-posting here a client bulletin by Jim Coleman, co-chair of our Wage and Hour Compliance and Litigation Practice Group, and me. This went out to our clients… Continue Reading

BREAKING: Overtime rule has been enjoined!

Posted in Wage-Hour
Judge Amos Mazzant has issued a nationwide preliminary injunction blocking the U.S. Department of Labor’s overtime rule from taking effect as scheduled on December 1. I’m reading the decision now and will be back with details as soon as possible. Meanwhile, here’s a copy of the decision for you. We can read it together! Image… Continue Reading

Too many RULES, man!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, Only in California, Wage-Hour
“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin… Continue Reading

What’s the world coming to? Federal OT rule is more employee-friendly than California law!

Posted in Only in California, Wage-Hour
BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA! Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the… Continue Reading

Your overtime rule news portal for today

Posted in Wage-Hour
Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor’s new overtime rule this afternoon in an appearance at Jeni’s Splendid Ice Cream in Columbus, Ohio. I’ll post the rule, which will change the white-collar overtime exemptions to the Fair Labor Standards Act, as soon as it’s available. Meanwhile, the DOL… Continue Reading

Ugh. HR consultant hit for $1MM in unpaid overtime

Posted in Wage-Hour
No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267 employees. The payment is in settlement of a wage-hour investigation conducted by the San Francisco office of the U.S. Department of Labor. According to the DOL, TriNet… Continue Reading

Who knows what evil lurks in the hearts of employees? The Shadow knows.

Posted in Corporate Culture
“The boss is a jerk. I dread coming to work every day. I’m treated unfairly. Everyone else gets better treatment than I do. My pay stinks, and my company’s paid-time-off policy leaves much to be desired. I should sue!” The Daily Mail had an article this week about “the moment [employees] started hating their jobs,” based on a Reddit discussion thread entitled… Continue Reading

SLAM DUNK: Student athletes’ wage suit against NCAA and universities is dismissed

Posted in Class actions, Wage-Hour
A federal judge in Indiana dismissed yesterday all that remained of a lawsuit filed by student athletes, alleging that they were “employees” and therefore entitled to the minimum wage under the Fair Labor Standards Act. Don Prophete, Jim Goh, and Steve Moore of Constangy, Brooks, Smith & Prophete, LLP, represented the NCAA and hundreds of… Continue Reading

$89K manager may not be FLSA-exempt, court rules

Posted in Wage-Hour
This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. Not necessarily. A federal judge in Maine ruled that Bottomline Technologies, Inc., a financial processing services company, will have to face a… Continue Reading

Because that’s where the money is?

Posted in Wage-Hour
To find out why there is so much wage-hour litigation, read my point-counterpoint interview with plaintiff’s attorney Fran Rudich, published in the November 25 edition of Bloomberg BNA’s FLSA Litigation Tracker. (Reproduced with permission from FLSA Litigation Tracker, 2015 FLLTR 6 (Nov. 25, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>) Thanks… Continue Reading

Overtime exemption rule now coming in July 2016?

Posted in Wage-Hour
NOTE FROM ROBIN: Ellen Kearns is head of our Boston Office and co-chair of the firm’s Wage-Hour Practice Group. The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor’s fall 2015 regulatory agenda, which the Office of Management and Budget published just before Thanksgiving. I had earlier… Continue Reading