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Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor...more

Back to School, Back to Work – Parental and Family Rights in the Workplace

The end of August marks the beginning of the yearly “back to school” ritual. Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick...more

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more

Secretary of Labor Withdraws Previous Guidance on Joint Employment and Independent Contractors

In a Department of Labor news release yesterday, new U.S. Secretary of Labor Alexander Acosta announced the withdrawal of two Obama-era Administrator Interpretations, effectively rolling back the scope of the Fair Labor...more

Transgender Restroom Dispute Continues, Despite North Carolina “Deal” To Overturn Controversial “Bathroom Bill”

On Thursday March 30, 2017, Gov. Roy Cooper signed House Bill 142, which repealed North Carolina’s controversial House Bill 2. As previously reported by HR Legalist, House Bill 2 was signed into law on March 23, 2016, and...more

Federal Court of Appeals Rules that Civil Rights Law Protects LGBT Workers from Sexual Orientation Discrimination

On Tuesday, the U.S. Court of Appeals for the Seventh Circuit made history by extending the protections of Title VII of the Civil Rights Act of 1964 to LGBT individuals in the workforce when it held that “discrimination on...more

Wage and Hour Update – Federal and Local Laws on the Chopping Block

During the Obama administration, federal agencies enacted wage and hour regulations that tended to favor employees, even while the federal minimum wage remained unchanged. State and local governments also played a role,...more

Predicting the Unpredictable - Labor and Employment Law Under President-Elect Trump

It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential...more

Blurred Lines: Courts Still Unclear On When Sexual Orientation Discrimination is Illegal

Since its passage in 1964, Title VII of the Civil Rights Act has prohibited discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or...more

NJ Minimum Wage Increase on Hold – For Now

As predicted by HR Legalist in May, New Jersey Governor Chris Christie has vetoed a democratic-backed measure that would have gradually increased New Jersey’s minimum wage from $8.38 to $15 per hour over a four-year period. ...more

In Limbo: Fate of New OSHA Anti-Retaliation Rules Still Uncertain

As reported by HR Legalist, the Occupational Safety and Health Administration (OSHA) announced a set of new recordkeeping and reporting rules in May 2016. A central provision of the new rules, which requires employers of a...more

Update: New Jersey Minimum Wage Bill Clears the Assembly

With the federal minimum wage stalled at $7.25 since 2009, HR Legalist has been tracking several developments to wage and hour law on both the federal level (via the pending overtime rule change recently reported by HR...more

The Wait is (Almost) Over: New Overtime Regulations Announced

Since March of 2014, HR Legalist has been tracking a big change to the federal overtime rules. When the preliminary rule was announced last July, the Department of Labor (“DOL”) made it clear that the exemption rules would...more

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

One Step Closer: Big Overtime Change Sent to OMB

As previously reported by HR Legalist, the Department of Labor (“DOL”) has proposed an amendment to the Fair Labor Standards Act (“FLSA”) that will change the rules about which employees are exempt from overtime for working...more

Workplace Scents and Sensibility

Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more

NJ Wage Hike Proposal – Will Employers Feel the Burn?

Presidential candidate Bernie Sanders has been outspoken in his support of a $15/hour national minimum wage. However — at least for private employers – such a change can come only through joint action by both Congress and...more

New Jersey’s New “Ban the Box” Regulations – Not too Bad?

Over the past five years, many cities, counties, and states have passed so-called “ban the box” laws – a trend that HR Legalist has been following in prior blog posts. In their most basic form, these laws require employers to...more

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

“Like” it or Not? Tips for Addressing Employee Social Media Use

At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more

Shots or Not? The Pros and Cons of Mandatory Workplace Flu Vaccination

While we continue to enjoy warm September weather, flu season (typically lasting from October through May) will soon be here. Many employers—health care providers in particular—are now considering or preparing to implement...more

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

Major Overtime Rule Changes are Coming – Are you Prepared?

Since 1938, the Fair Labor Standards Act (“FLSA”) has set the federal minimum wage and mandated overtime pay (time and a half) for employees who work over 40 hours during a 7-day period. The FLSA exempts employees from the...more

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

Philadelphia’s Paid Sick Leave Ordinance is Effective on May 13th – Are you Prepared?

On February 12, 2015, Philadelphia Mayor Michael Nutter signed a city ordinance requiring employers with 10 or more employees to provide 40 days of paid sick leave in a calendar year. ...more

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