Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Fair Labor Standards Act”

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 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

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

Is your timekeeping system creating wage-hour liability?

Posted in Wage-Hour
Does your timekeeping software make it harder for you to comply with wage and hour laws — and to defend yourself in a wage and hour lawsuit? A study recently published in the Yale Journal of Law and Technology says that there are features of certain timekeeping programs that can create wage and hour problems for employers, and result… Continue Reading

Weekly catch-up

Posted in FOCUS, Immigration, Wage-Hour, Work-Life Balance
The FLSA hurts women? Heather Owen, partner in our Jacksonville Office and proprietor of FOCUS, our women’s leadership blog, begins a three-part series on how the Fair Labor Standards Act, with its lack of flexibility, is unfair to women (non-exempt women, anyway), who continue to assume more responsibility for child care, elder care, and other… Continue Reading

“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