Remote work already was a growing trend before the COVID-19 pandemic, and that trend rapidly accelerated when the pandemic hit in early 2020. Even as conditions have improved and restrictions have been lifted, many employers...more
There are a multitude of unknowns as health officials across the country race to administer the long-awaited COVID-19 vaccine. Employers must also evaluate a number of factors as they decide whether or not to mandate that...more
2/23/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The U.S. Department of Labor ("DOL") is one step closer to publishing final regulations on the FLSA's overtime exemptions for "white collar" workers in executive, administrative, and professional positions. The DOL published...more
7/9/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Over-Time ,
Proposed Regulation ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
On December 14, 2017, the National Labor Relations Board (“NLRB”) voted 3-2 to overrule its own August 2015 decision in Browning-Ferris Industries. Browning-Ferris had overturned the long-standing test of joint employment and...more
The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more
9/20/2017
/ Appeals ,
Department of Labor (DOL) ,
Dismissals ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Public Comment ,
Secretary of Labor ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more
Today, the U.S. Department of Labor issued its much-anticipated final rule changing the regulations for the so-called "white collar” exemptions under the FLSA, and significantly increasing the minimum salary level necessary...more
The final rule for the new "white collar" overtime regulations from the U.S. Department of Labor (“DOL”) is likely to be published in spring or summer of 2016....more
Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more
9/8/2015
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Discrimination ,
Employee Definition ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Franchisee ,
Franchisors ,
Harassment ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRB ,
Non-Exempt Employees ,
Staffing Agencies ,
Subcontractors ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On July 15, 2015, the United States Department of Labor (“DOL”) released official guidance addressing the misclassification of employees as independent contractors. The guidance, Administrator’s Interpretation No. 2015-1...more
On July 6, 2015, the U.S. Department of Labor (“DOL”) issued proposed new regulations that will significantly change the law governing certain “white collar” workers who are exempt from minimum wage and overtime pay. All...more
The United States Supreme Court issued an interesting decision last month on whether employees who are required to undergo security screening after their work was done should be paid for that time. The Supreme Court found in...more
As many of you know, last year President Obama directed the DOL to issue new regulations to “modernize and streamline” the white collar exemptions to the minimum wage and overtime requirements under the FLSA. (Keep in mind...more
On January 13, 2015, the U.S. Department of Labor announced that Florida joined the ranks of states that have entered into formal agreements with the DOL to share information about worker misclassification. Under the terms...more