Alabama employers should be aware of the new state tax exemptions that take effect for certain overtime payments beginning on January 1, 2024. Alabama has temporarily modified its tax code to exempt from state tax amounts...more
Alabama employers should be aware of the new state tax exemptions that take effect for certain overtime payments beginning on January 1, 2024. Alabama has temporarily modified its tax code to exempt from state tax amounts...more
The U.S. Department of Justice has announced plans “to publish a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulation to provide technical standards to assist public entities in complying with their...more
11/21/2022
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Information Technology ,
NPRM ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Title II ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more
ADA Title III Website Accessibility Lawsuits On The Rise -
The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately...more
8/31/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Franchises ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Title III ,
Travel Restrictions ,
Vaccinations ,
Workplace Safety
The number of ADA Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately 11,000 ADA Title III lawsuits were filed in federal courts. ...more
Title III of the Americans with Disabilities Act (“ADA”) provides that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...more
Last week, the Supreme Court denied Domino’s Pizza’s petition for review of a Ninth Circuit decision permitting a blind plaintiff’s claim to proceed under the Americans with Disabilities Act (“the ADA”). In the case, the...more
10/16/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
On January 25, 2019, the National Labor Relations Board ruled in SuperShuttle DFW, Inc. that franchisees who operate shared-ride vans for SuperShuttle at the Dallas-Forth Worth airport are independent contractors and thus are...more
Employers continue to face challenges managing employee requests for additional or extended medical leaves of absence for employees who are not eligible for or have exhausted FMLA leave. The Equal Employment Opportunity...more
On April 2, 2018, the United States Supreme Court ruled in Encino Motorcars, LLC v. Navarro that automotive service advisers are exempt from overtime pay requirements under the FLSA. In its 5-4 decision authored by Justice...more
4/4/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
The House has finally taken action on overtime laws, though not the type of action employers have been anticipating over the past few years. On May 2, 2017, the U.S. House of Representativespassed a bill entitled the Working...more
Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.-Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. On...more
2/8/2017
/ Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Obama Administration ,
OMB ,
One In - Two Out ,
OSHA ,
Over-Time ,
Regulatory Freeze ,
Regulatory Oversight ,
Reporting Requirements ,
Trump Administration ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor's ("DOL") new federal overtime rules from taking effect...more
On this Thanksgiving Eve, contractors and other employers can take a breathe and gobble down some extra turkey and pumpkin pie without worrying about the new increases in overtime rules....more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On November 16, 2016, a Texas federal judge announced at a hearing that his decision on whether to block the U.S. Department of Labor’s(“DOL”) new overtime rules from taking effect would be made by November 22, 2016. Earlier...more
11/18/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Injunctions ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On May 18, 2016, the U.S. Department of Labor ("DOL") issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime...more
On Thursday, February 25, 2016, Governor Robert Bentley signed a bill that immediately blocks Alabama cities from setting their own minimum wage rates. The bill was passed by the Alabama Senate earlier in the day by a 23-11...more
On Tuesday, February 23, 2016, the Birmingham City Council passed an ordinance implementing a minimum wage of $10.10 per hour for jobs within the Birmingham city limits. The Council voted last year to raise the minimum wage...more
The U.S. Department of Labor ("DOL") recently announced its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more
Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more
9/4/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions ,
Wage and Hour
On August 14, 2014, the Occupational Safety and Health Administration ("OSHA") issued a supplemental notice of proposed rulemaking regarding electronic submission of injury and illness records. OSHA had originally published...more
President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent...more
On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more
Employers today often utilize social media websites such as Facebook, Twitter, and MySpace to investigate job applicants (or current employees) as part of the hiring process. This article discusses the following trends and...more