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Finally!? DOL Cranks Up Exempt Salary Threshold Near $60,000

We’ve all known this day was coming—it was just a matter of time. From the moment the Biden Department of Labor (“DOL”) announced that the Trump DOL’s 2020 increase to the Fair Labor Standards Act salary threshold for the...more

Oops, the NLRB Does It Again—The Handbook Police Are Back!

Just yesterday, the National Labor Relations Board (“NLRB”) issued a decision (Stericycle Inc.), which overrules its own 2017 Boeing Co. decision and establishes a new standard for evaluating employer handbook policies and...more

NLRB GC Declares (Virtually) All Non-Compete Agreements Illegal

Snapshot Summary - Yes, the National Labor Relations Board (“NLRB”) General Counsel (“GC”) says virtually all non-compete agreements are illegal. However, although this is the GC’s strong personal view, she does not...more

National Labor Relation Board’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following Board’s...

In this article, the authors discuss the implications of a recent ruling by the National Labor Relations Board finding two separation agreements to be unlawful. In McLaren Macomb, the National Labor Relations Board (NLRB...more

NLRB’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following the Board’s McLaren Macomb...

Overview: On February 21, 2023, the National Labor Relations Board (“NLRB” or Board) found two routinely standard separation agreement provisions—confidentiality as to the agreement and non-disparagement—to be unlawful when...more

New York City Jumps on the “Salary Transparency Bandwagon”

Jason E. Reisman and Valerie D. Ringel New York City Council passed legislation on December 15, 2021, that would require employers in NYC (who have at least four employees) to include the minimum and maximum salary range for...more

President Biden Announces Sweeping New Requirements Aimed at Combatting the Surging COVID-19 Delta Variant

With COVID-19 surging once again across the United States, on Thursday, September 9, 2021, President Joe Biden announced a six-part plan for tackling the rising number of COVID-19 cases throughout the country. President...more

Wage And Hour Takeaways From Pa. Security Check Ruling

On July 21, the Pennsylvania Supreme Court issued a game-changing decision in Heimbach v. Amazon.com Inc. when it determined that: Time a nonexempt employee spends waiting to undergo, and undergoing, mandatory security...more

Happy 4th of July, PA Employers! Budget Deal Skewers Planned Overtime Pay Expansion

As reported by the Pennsylvania Chamber of Business and Industry, the planned significant increases to the salary threshold for exempt executive, administrative, and professional (“EAP”) employees under the Pennsylvania...more

ALERT! PA Increases White Collar Exemption Salary Thresholds

Finally, the Pennsylvania Department of Labor and Industry (“Department”) formalized its leap to modernize and streamline its regulation governing the executive, administrative, and professional (“EAP”) exemptions (and the...more

Strident DOL Revises FFCRA Reg, Thumbs Its Nose at NY Federal Court Decision

On August 3, 2020, at the urging of the State of New York, U.S. District Judge Paul Oetken of the Southern District of New York struck down four different provisions of the U.S. Department of Labor’s (“DOL”) implementing...more

No More Double the Trouble: DOL Relents on “Automatic” Liquidated Damages

After enduring a decade or so of the U.S. Department of Labor (“DOL”) “automatically” demanding double the amount of back pay in virtually every settlement of a wage and hour investigation under the Fair Labor Standards Act...more

“Supremes” Validate Title VII Protection for LGBTQ Workers

Yesterday, the United States Supreme Court issued a long-awaited, watershed decision confirming that Title VII of the Civil Rights Act of 1964 does protect against discrimination in employment based on gender identity and...more

Member Perspectives to Support Your Business during Reopening and Recovery: Jason E. Reisman

What are some of the legal considerations employers should keep in mind while constructing a plan to reopen or return to work? It goes without saying that return-to-work planning for employers can be daunting. There are an...more

COVID-19 Employer Return-to-Work Survey Results Show Emerging Strategies

As businesses turn their attention toward when and how to reopen their workplaces, Blank Rome’s Coronavirus Task Force launched our second employer survey asking our clients about key return-to-work topics. We received...more

DOL Issues Families First Coronavirus Response Act Guidance on Employer Coverage and Obligations to Provide Paid Sick and Family...

On March 24, 2020, the U.S. Department of Labor (“DOL”) published its first round of guidance on the Families First Coronavirus Response Act (“FFCRA”), which takes effect on April 1, 2020....more

UPDATE - DOL Issues Families First Coronavirus Response Act Guidance on Employer Coverage and Obligations to Provide Paid Sick and...

Yesterday evening, the U.S. Department of Labor (“DOL”) published its first round of guidance on the Families First Coronavirus Response Act (“FFCRA”), which takes effect on April 1, 2020....more

Understanding the Employment and Tax Provisions of the Families First Coronavirus Response Act

On March 18, 2020, the U.S. Senate approved by a 90-8 margin the Families First Coronavirus Response Act, which was passed earlier in the week by the U.S. House of Representatives (“HR 6201” or the “Act”). The bill was signed...more

Coronavirus Update: Senate Passes Virus Relief Bill, Plans for Even Bigger Stimulus

The Senate cleared the second major bill responding to the coronavirus pandemic, with lawmakers rushing to follow up with an additional economic rescue package that President Donald Trump’s administration estimates will cost...more

Colorado Goes “Wage & Hour” Crazy—Enhances Employee Protections a la California

For all of those employers with employees based in Colorado, we wanted to update you on some sweeping changes to Colorado wage and hour laws that went into effect on March 16, 2020. As you know, employers generally must...more

Coronavirus Update: House Passes Bill for Paid Leave and Other Emergency Relief

On March 14, 2020, the U.S. House of Representatives passed legislation in response to the increasing disruption that coronavirus (“COVID-19”) is having on businesses and daily life. The Emergency Families First Coronavirus...more

Guidance for Employers to Address Coronavirus in the Workplace

COVID-19 (commonly referred to as the “coronavirus”), a respiratory illness that was first diagnosed in Wuhan, China, in late 2019, has hit the United States. The World Health Organization (“WHO”) has declared the outbreak a...more

PA Approves White Collar Salary Threshold Increases—Leaves FLSA in the Dust

Boom—take that, Pennsylvania employers! As a result of Governor Wolf’s battle with the Pennsylvania Republican-controlled legislature being at an impasse over a potential state minimum wage increase, the Governor pressed...more

Ding, Dong, the Fluctuating Work Week Overtime Method Is Dead … in Pennsylvania!

Just yesterday, the Pennsylvania Supreme Court issued a decision in a case involving the “fluctuating work week” (“FWW”) method of paying overtime that has been percolating in the Commonwealth courts for almost six years. The...more

DOL Follows Through – Sets New FLSA Salary Threshold of $35,568

Today, the U.S. Department of Labor has unveiled arguably the most employer-anticipated action taken during the Trump administration: the final rule raises the salary threshold for the Fair Labor Standards Act’s “white...more

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