Brian Schwartz

Brian Schwartz

Miller Canfield

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Student Athletes Are Not Employees, Seventh Circuit Rules

Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more

12/7/2016 - College Athletes Corporate Counsel DOL Employee Definition FLSA NCAA Wage and Hour

Texas Federal Court Issues Last-Minute Injunction, Blocks Changes to Overtime Rules

Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent...more

11/25/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

New Overtime Rules Issued: Employers Must Review Status By Year-End

On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

Sixth Circuit Holds Residential-loan Underwriters are Exempt Under the FLSA

The Sixth Circuit Court of Appeals ruled that residential-loan underwriters are exempt administrative employees under the Fair Labor Standards Act (FLSA) and are therefore not entitled to overtime. In Lutz v. Huntington...more

3/4/2016 - Exempt-Employees FLSA Mortgage Lenders Underwriting Wage and Hour

DOL Issues an Administrator's Interpretation Regarding Joint Employment

The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection...more

1/22/2016 - Administrative Interpretation DOL FLSA Joint Employers Migrant Workers

SCOTUS: Federal Agencies Can Change Interpretive Rules Without Formal Process

Federal agencies are not required to follow formal notice-and-comment rulemaking when making significant changes to interpretive rules, according to a unanimous U.S. Supreme Court. In Perez v. Mortgage Bankers Association,...more

3/11/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

Employee Time Spent During Security Screenings Is Not Compensable

Employees are not entitled to pay for time spent during security screenings at the end of the workday, a unanimous U.S. Supreme Court ruled on December 9, 2014. In Integrity Staffing Solutions v. Busk, two employees who...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Donning/Doffing Protective Clothing is “Changing Clothes” under FLSA, SCOTUS Rules

Putting on and taking off protective clothing is considered “changing clothes” under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled on January 27, 2014. The ruling allows employers and unions to exclude...more

1/29/2014 - FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Workplace Attire

Six-Month Limit on Claims under FLSA, Equal Pay Act Ruled as Invalid Waiver Says Sixth Circuit

Provisions in employment agreements that shorten the statute of limitations period for employees to file claims under the Fair Labor Standards Act (FLSA) and Equal Pay Act (EPA) are invalid, the Sixth Circuit ruled on August...more

8/8/2013 - Employment Contract Equal Pay Act FLSA Liquidated Damages Minimum Wage Over-Time Statute of Limitations Waivers

Department of Labor Delays Deadline for Certain “Obama Care” Notice Requirements

On January 24, 2013, the Department of Labor issued guidance delaying the deadline for employers to provide employees with notice of coverage options available through the health care exchanges....more

1/30/2013 - Affordable Care Act DOL Employer Group Health Plans FLSA Health Insurance Exchanges Notice Requirements

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