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Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

1/28/2015 - Filing Deadlines Filing Season Foreign Nationals H-1B Highly-Skilled Workers Visa Hiring & Firing Popular USCIS Visa Caps Visas

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1]

Over the past year or so, we have discussed the Fair Labor Standards Act’s application to both paid interns and unpaid interns, as well as independent contractors. One area we have covered briefly in the past, but not...more

1/27/2015 - Employee Definition Employer Liability Issues FLSA Volunteers Wage and Hour

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

1/23/2015 - DOL Email Employer Liability Issues Employer Mandates LMRDA NLRB Political Appointments Protected Concerted Activity Purple Communications Reporting Requirements Unions

Hints About New FLSA Regulations Begin to Emerge: Minimum Salary May Double

Last spring, I made some predictions about what the new FLSA regulations would likely include when they were finally released. The regulations were delayed, but what we expect hasn’t changed, as I explained in November. On...more

1/20/2015 - Exempt-Employees FLSA Legislative Agendas Minimum Salary

FLSA Minimum Wage, Overtime Lawsuits Smash Records in 2014, Sharp Growth Continues

The dawning of a new year means it is time to look back at the number of cases filed in federal courts during the past year under the Fair Labor Standards Act. Every year seemingly without fail, that number goes up. 2014 was...more

1/16/2015 - Corporate Counsel DOL Employer Liability Issues Employer Mandates Enforcement Statistics FLSA Minimum Wage Wage and Hour

Wage and Hour Basics Series: The FLSA Overtime Exemptions

While we regularly discuss many of the nuances of wage and hour law generally and the Fair Labor Standards Act in particular here on the blog— it is also important to focus on the basics. Periodically over the next several...more

1/13/2015 - DOL Exempt-Employees Exemptions FLSA Unpaid Overtime Wage and Hour

Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus

On Tuesday, we discussed Congress’s passage of the Consolidated and Further Continuing Appropriations Act, 2015, nicknamed CRomnibus in the waning days of the 2014 legislative session. The omnibus spending bill avoided...more

1/9/2015 - Adjusters Appropriations Bill Claims Adjusters DOL Employer Liability Issues Exempt-Employees FLSA Insurance Companies Insurance Industry Trucking Industry Unpaid Overtime Wage and Hour

Department of Labor, Trucking Industry Big Winners in Congress's CRomnibus Bill

In the run-up to the holidays, Congress rushed a Continuing Resolution (CR) to President Obama's desk entitled the Consolidated and Further Continuing Appropriations Act, 2015. The omnibus spending bill, nicknamed...more

1/6/2015 - Appropriations Bill Commercial Truck Drivers DOL FLSA Trucking Industry Wage and Hour

The Pay Period Leap Year: Handling an Extra Pay Period in 2015

When I was a kid, my parents taught me the traditional Mother Goose rhyme to remember how many days each month had: “Thirty days hath September, April, June, and November. All the rest have 31….Except for February.” It always...more

12/30/2014 - Corporate Counsel Wages Year-End Planning

Adventures in Rounding: What if the "Rounding" Doesn't Happen at the Time Clock? [Wage & Hour FAQ]

This past spring, I discussed rounding time clock punches (usually automatically with a time clock system) at the beginning and end of a shift. To recap briefly, rounding is the practice of adjusting time clock punch times...more

12/23/2014 - Employer Liability Issues Rounding Wage and Hour Wages

Not Every Employee is Covered by the FLSA, But You're Not Off the Hook Just Yet

If you read this blog, attend presentations on wage and hour issues, or just shudder every time you read about another overtime or minimum wage lawsuit, you might assume that all employees are covered by the federal Fair...more

12/22/2014 - Corporate Counsel Employer Liability Issues FLSA Wage and Hour

Let it Snow: NLRB Continues Flurry of December Activity by Adopting New Arbitration Deferral Standards

With the holidays quickly approaching, the National Labor Relations Board’s union-friendly majority continues to churn out decisions that will significantly impact union and non-union employers in 2015 and beyond. Earlier...more

12/19/2014 - Arbitration Corporate Counsel Deferral Standard Employer Liability Issues NLRB Unfair Labor Practices Unions

Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent...more

12/17/2014 - Corporate Counsel DOL Internships Non-Profits Private Schools Unpaid Interns

A Wolf in Sheep's Clothing is Still a Wolf: The FLSA Regular Rate and Breach of Contract

Recently, I read about a construction contractor in Los Angeles caught in the middle of litigation between its subcontractors and the city, on behalf of the subcontractor’s former employees. According to the employees, the...more

12/15/2014 - Breach of Contract Collective Actions Construction Industry Construction Workers Employer Liability Issues FLSA General Contractors Municipalities Prevailing Wages Subcontractors

NLRB Overturns Register Guard Decision Governing Employee Use of Employers’ E-mail Systems; Allows Use for Section 7 Activity by...

The National Labor Relations Board today overruled its Register Guard decision that generally prohibited employees from using their employer’s computers to engage in protected activity, and permitted employers to lawfully...more

12/12/2014 - Purple Communications

Automatic Meal Period Deductions and the FLSA [Wage and Hour FAQ]

As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of...more

12/10/2014 - DOL Employer Liability Issues FLSA Rest and Meal Break Wage and Hour

Unanimous Supreme Court Rules Employer Need Not Pay for Worker Security Screenings: Integrity Staffing Solutions, Inc. v. Busk

In October, we profiled Integrity Staffing Solutions, Inc. v. Busk, a case asking whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA). Warehouse workers sued Integrity Staffing...more

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

DOL Sets February 2015 Deadline for New FLSA "White Collar" Overtime Exemption Regulations

Late last month, the Department of Labor released its Fall 2014 Agency Rule List that included a range of proposed regulations covering everything from the FMLA definition of “spouse” to labor union annual reports and...more

12/5/2014 - Barack Obama DOL Employer Liability Issues Executive Orders Exempt-Employees FLSA FMLA Rulemaking Process Spouses Unions Unpaid Overtime Wage and Hour

The Minimum Wage in 2015: Looking Ahead to State Increases, Other Changes

With the election season behind us and 2015 fast approaching, employers need to start looking ahead to the new year when, traditionally, a host of new laws take effect. As we discussed after the election, 2014 was a busy year...more

12/3/2014 - Minimum Wage New Legislation Wage and Hour

Feed Me! Thanksgiving Turkeys, Free Lunches, and Wage and Hour Law

With the Thanksgiving holiday ahead of us, we have reached the time of year where some employers start handing out Thanksgiving turkeys, holiday hams, and other gifts to employees, while others provide free or discounted...more

11/25/2014 - Anheuser-Busch Employee Benefits Employer Liability Issues FLSA Fringe Benefits Holidays IRS Wage and Hour

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

11/19/2014 - Administrative Procedure Act DOL Employer Liability Issues FLSA Interpretive Rule Loan Officer NLRB Opinion Letter Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

If I was Secretary of Labor: Fixing the FLSA with a Safe Harbor

Last week, I answered some of the questions that we have been receiving about the new FLSA regulations, but I saved one that I hear almost everywhere I go: what should the Department of Labor do with the FLSA? Last week, I...more

11/14/2014 - DOL Employer Liability Issues FLSA Safe Harbors Wage and Hour

Wage and Hour 2014 Election Results Roundup: Minimum Wage, Paid Sick Leave Big Winners

Before the election, we talked about minimum wage and paid sick leave initiatives on the rise, including some important ballot issues. With most of the results tallied, it appears that the Republicans weren’t the only big...more

11/6/2014 - Corporate Counsel Election Results Employee Rights Minimum Wage Paid Leave Sick Leave Wage and Hour Wages

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

11/5/2014 - Compliance DOL Employee Rights FLSA Wage and Hour Wages

Wage and Hour Cases to Watch at the Supreme Court: Part 1--Integrity Staffing

This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s...more

10/29/2014 - Conciliation DHS DHS v McLean Discrimination EEOC Integrity Staffing v Busk Mach Mining v EEOC SCOTUS Whistleblowers Young v United Parcel Service

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