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Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more

The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations

The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more

The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations

The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more

Equal Pay for Equal Play – U.S. Women’s National Team Files Wage Discrimination Claim Against

Five members of the U.S. women’s national soccer team, including stars Carli Lloyd, Hope Solo and Alex Morgan, filed a complaint at the Equal Employment Opportunity Commission against the U.S. Soccer Federation alleging that...more

The Next Frontier of Title VII – EEOC Files its First Sexual Orientation Discrimination Cases

This week, the U.S. Equal Employment Opportunity Commission filed its first lawsuits alleging sexual orientation discrimination under Title VII against employers in Pennsylvania and Maryland. In both cases, the EEOC seeks...more

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more

Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more

Massachusetts Earned Sick Time Law Takes Effect July 1st

The Massachusetts Earned Sick Time Law, which requires nearly all Massachusetts employers to provide earned sick time to employees, goes into effect on July 1, 2015. Unless they qualify for the limited safe harbor provision...more

Attorney General’s Office Issues Final Regulations on Massachusetts Sick Time Law

On June 19th, the Massachusetts Attorney General’s Office (AGO) issued final regulations for the Massachusetts Earned Sick Time Law, which goes into effect next week on July 1, 2015. The final regulations differ in material...more

Massachusetts Attorney General’s Office Issues Much-Anticipated Proposed Regulations on Massachusetts Sick Time Law

The Massachusetts Attorney General’s Office has issued proposed regulations to the Massachusetts Earned Sick Leave Law, which was approved by voters in November 2014 and goes into effect on July 1, 2015 – less than two months...more

2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

More Than Employers Bargained For? Do Union Employees Have a Right to Bargain Over Company Data Breaches?

These days most employers manage a vast amount of electronic information about their employees, including the employees’ personal identifying information. But, what obligations do employers have to unionized employees with...more

Putative Class Members Not Lovin’ It – Court Denies Conditional Certification of Supersized McDonald’s FLSA Class of More Than...

McDonald’s, the fast food giant known for supersizing its orders, avoided conditional certification of an FLSA collective action this week based on the “very large” size of the putative class. The Eastern District of Michigan...more

A Terrible, Horrible, No Good, Very Bad Year: President Obama Targets Federal Contractors Again, This Time on Labor Law Compliance

Federal contractors must be straining their necks to see if they have an actual target on their backs. Last week, President Obama signed an executive order that requires federal contractors to disclose labor and employment...more

Supreme Court Declines to Hear Appeal on Enforceability of FLSA Collective Action Waivers

Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with...more

President Obama to Sign Executive Order Prohibiting Federal Contractors From Discriminating Against LGBT Employees

White House officials reported today that President Obama intends to sign an executive order prohibiting federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity....more

School is Almost Out and Summer Interns are (Still) In

With the Memorial Day weekend approaching, many people are looking forward to hitting the beach, firing up the grill and polishing off their golf clubs, which are, for many Northeasterners, covered in cobwebs after this long...more

President Obama Targets Federal Contractors on Pay Disparity Issues

Last week, President Obama issued two important directives aimed at ending gender pay disparities. The first, an Executive Order, prohibits federal contractors and subcontractors with government contracts exceeding $10,000...more

Amazon Prime Time – Should Employees Be Paid to Wait in Security Lines? Supreme Court to Decide.

The Supreme Court has agreed to hear oral argument on the issue of whether employers must compensate employees for time they spend going through mandatory security checks, which are aimed to curb employee theft....more

Working (More Than) 9-to-5: President Obama Seeks to Expand Overtime Pay Protections Under the Fair Labor Standards Act

Last week, President Obama ordered U.S. Department of Labor Secretary Tom Perez to update the existing federal regulations on overtime, the effect of which could allow millions of workers to qualify for time and half pay for...more

2, 4, 6, 8…NFL Cheerleaders Not “Rah Rah-ing” About Pay Rate

Two NFL teams are facing wage and hour class action lawsuits filed by their cheerleaders. On January 22, an Oakland Raiderette sued the Raiders organization on behalf of herself and current and former cheerleaders alleging...more

2/21/2014  /  Class Action , NFL , Sports , Wage and Hour

Winter Weather Woes: What are My Obligations to Pay Employees During Inclement Weather?

Last week’s “polar vortex” brought record low temperatures to many parts of the country and shut down offices in numerous cities. Estimates suggest that the frigid weather could cost the U.S. economy up to $5 billion. We have...more

‘Tis The Season for Massachusetts’ Temporary Employees

The holiday shopping season is known for its long lines, steep sales and mall traffic jams, but it also prompts retailers and other businesses to hire a wave of temporary, seasonal employees to increase staffing levels during...more

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