Charles McDonald, III

Charles McDonald, III

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


Employer Alert: Many State Minimum Wages to Increase in 2017

In 2016, 17 states and the District of Columbia implemented increased minimum wage rates. This year, even more states are scheduled to do so....more

12/20/2016 - Minimum Wage Wage and Hour

What Constitute “Incentive Payments” Under the Final Overtime Regulations?

In order to qualify for one or more of the white collar exemptions to the overtime requirements under the Fair Labor Standards Act (FLSA), an employee must meet three tests: (1) the salary basis test (which asks how the...more

6/3/2016 - DOL Employee Benefits Final Rules FLSA Incentive Compensation Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Oregon Raises Minimum Wage

Oregon’s legislature has approved a bill to raise the state’s minimum wage. Governor Kate Brown signed the bill on March 2, 2016, with increases scheduled to take effect beginning July 1, 2016....more

3/10/2016 - Employer Liability Issues Kate Brown Minimum Wage New Legislation Wage and Hour

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

9/1/2015 - Administrative Interpretation Best Management Practices Construction Industry Construction Workers Contractors DOL Economic Realities Test Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Right to Control Subcontractors Wage and Hour

Minnesota “Ban The Box” Legislation Update

Minnesota recently passed “ban the box” legislation, which will restrict private employers’ ability to ask about applicants’ criminal backgrounds on employment applications. Signed by the Governor on May 15, 2013 and...more

5/24/2013 - Ban the Box Criminal Background Checks Criminal Records Job Applicants Public Employers

Applying Wage and Hour Laws to the 21st Century Series: Concerns Involving Exempt Employees

In this, our final post in this blog series on wage and hour issues in the 21st century, we address another frequent area of concern for employers: exempt employees....more

1/7/2013 - Deductions Exempt-Employees FLSA FMLA Medical Leave Unpaid Leave Wage and Hour Wage Deductions

Applying Wage and Hour Laws to the 21st Century Series: Telecommuting Risks and Rewards

Telecommuting has become a popular work option for several employers in the recent past. Reasons that employers and employees may consider telecommuting as an option include: increase in flexibility of hours worked, more...more

12/5/2012 - FLSA Non-Exempt Employees Recordkeeping Requirements Telecommuting Wage and Hour Written Agreements

Records of Potential Off-the-Clock Work Violations: GPS Tracking Devices

Along with the ubiquitous nature of smart phones, employers are increasingly using GPS technology to track company vehicles to determine if employees working on remote job sites are where they are supposed to be and to locate...more

10/26/2012 - Employee Tracking Fourth Amendment GPS Wage and Hour

Documentation of Potential Off-the-Clock Work Violations via Electronic Devices: Are You Prepared?

Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge....more

10/11/2012 - Non-Exempt Employees Off-The-Clock Technology Wage and Hour

Wage and Hour Series: Meal Breaks—A Different Kind of Off-the-Clock Concern

In this, our fifth post in this series discussion on wage and hour issues in the 21st century, we address one of the latest and greatest threats to employers in the Fair Labor Standards Act (FLSA) arena: meal breaks. Although...more

9/20/2012 - DOL FLSA Rest and Meal Break Wage and Hour

Wage and Hour Series: Computers, Equipment, and Tools—Oh My!

In this post—our third in a series on wage-and-hour issues in the 21st Century—we focus on the tools of the trade, so to speak. It is important to understand what counts as “hours worked” and what may or may not count, to...more

8/8/2012 - DOL Non-Exempt Employees Wage and Hour Wages

Wage and Hour Series: Examples of Off-The-Clock Work Violations Involving Use of Technology

In this, the second post in our series on hot topics in the wage-and-hour arena, we focus on some of the off-the-clock pitfalls that face employers. Off-the-clock issues are particularly challenging given the new way that...more

8/1/2012 - Non-Exempt Employees Off-The-Clock Wage and Hour

Applying Wage and Hour Laws to the 21st Century Workforce

Technological advancements and flexible workplace arrangements have drastically increased the potential exposure to employers for off-the-clock work performed by non-exempt employees. With the number of lawsuits involving...more

7/5/2012 - DOL FLSA Non-Exempt Employees Off-The-Clock Wage and Hour

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