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Hurry Up and Wait – DOL Final Rule increasing salary threshold on July 1, 2024 faces legal challenges

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law.[1]...more

Here We Go Again: DOL Issues Final Rule on Salary Level Increase for FLSA Exemptions

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law. ...more

Department of Labor Proposed Increased Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) recently proposed a rule to raise the salary threshold for the white collar overtime exemptions from the current $684 per week minimum ($35,568 annualized) to $1,059 per week ($55,068...more

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

What Employers Need to Know About Long COVID

While the worst of the COVID-19 pandemic is hopefully behind us, the disease still impacts the employment landscape and likely will continue to do so for some time. Out of the millions of people who have had COVID in the...more

SCOTUS Stays OSHA ETS But Allows CMS Mandate to Proceed

The wait is finally over. Yesterday, January 13, 2022, the Supreme Court of the United States (SCOTUS) rendered two much-anticipated opinions announcing whether federal regulations mandating workplace COVID-19 precautions...more

The Waiting Game: Status Report on the OSHA ETS

As employers around the country await word from the United States Supreme Court (“SCOTUS”), and as SCOTUS does not seem to be in any rush to end the suspense, we thought it would be helpful to provide a current status report...more

Vaccine Mandate Update for Employers: Happy Holidays and Now What?

After a wild weekend following some headline-grabbing court rulings, employers are heading into the holidays wondering what on earth is going on with workplace COVID-19 vaccine requirements. While clarity remains elusive, our...more

Federal Contractor Vaccine Mandate Blocked in Kentucky, Ohio, and Tennessee

On November 30, 2021, the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to halt enforcement of the vaccine mandate for federal contractors set forth in...more

Federal Vaccine Mandate Temporarily Suspended

On Saturday, November 6, 2021, the United States Court of Appeals for the Fifth Circuit temporarily suspended the Biden administration’s emergency temporary standard (“OSHA ETS”) for employers with 100 or more employees. As...more

OSHA Issues Emergency Temporary Standard Regarding Vaccine Requirements & COVID-19 Safety Protocols

After weeks of waiting, we finally have the new emergency temporary standard (“ETS”) from the Occupational Safety and Health Administration, pertaining to workforce vaccination requirements and other COVID-19- related safety...more

New Tennessee COVID Legislation Has Significant Impact on Employers

After days of intense discussions, and multiple amendments, in the wee hours of Saturday, October 30, 2021, the Tennessee legislature passed House Bill No. 9077/Senate Bill No. 9014. This new law will have a significant...more

Federal Contractors Required to Enact Vaccine Mandates and other COVID Safety Protocols

On September 9, 2021, President Biden announced several “Path Out of the Pandemic” initiatives designed to increase vaccination rates through workplace vaccine mandates. While the “splashiest” announcement–with potentially...more

Can Your Employees Claim Religious Exemption from a Mandatory COVID-19 Vaccine Policy?

Although most employers were hesitant to implement vaccine mandates following the initial rollout of the COVID-19 vaccines, the still-surging pandemic, driven by the highly contagious Delta variant, has caused many companies...more

Biden Plan Calls For Vaccine Mandates and Testing For Large Employers

On September 9, 2021, the Biden administration announced its Path Out of the Pandemic initiative, a comprehensive six-pronged plan intended to curb the still-surging Covid-19 pandemic. President Biden’s plan includes some...more

Avoiding Safety-Based Workplace Retaliation Claims

There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more

Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Face Masks in the Workplace: Employer Considerations

Employers will continue having to address concerns related to COVID-19 in the workplace as far into the future as one can predict. Of immediate concern to Employers is curtailing the spread of COVID-19 in the workplace. One...more

Families First Coronavirus Response Act (FFCRA) Update and Frequently Asked Questions

The Families First Coronavirus Response Act (FFCRA), including the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLA) was enacted on March 18, 2020. As outlined in prior...more

Developing Workplace Policies and Procedures To Combat Coronavirus (COVID-19) – A Common Sense Approach – Updated March 16, 2020

I. BACKGROUND AND GENERAL GUIDANCE - On January 31, 2020, Health and Human Services Secretary Alex M. Azar II declared a public health emergency (PHE) for the United States to aid the nation’s healthcare community in...more

COVID-19 FAQ for Employers

COVID-19 is already impacting employers and that impact will be ongoing. As the situation regarding COVID-19 continues to evolve, we will continue to monitor frequently asked questions and prepare our best answers with the...more

All Present and Accounted For? If Not, You May Want to Rethink Your Attendance Policy

Employee attendance problems are probably the most common reason for disciplinary action and discharge. Yet many employers pay surprisingly little attention to their attendance policies. I often see policies consisting of...more

6th Circuit Confirms 'Fair Reading' Standard For All Overtime Exemptions

Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in “management” and use of...more

6th Circuit Credits Documentation in Age Discrimination Case

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Top 10 Mistakes To Avoid in 2019

It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more

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