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Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions....more

Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and...more

Federal Judge in Northern District of Texas Denies Nationwide Preliminary Injunction to Block the DOL’s New Overtime Rule

On July 1, 2024, the U.S. District Court for the Northern District of Texas refused to block the enforcement of the new U.S. Department of Labor (DOL) rule to raise the minimum salary thresholds for the white-collar overtime...more

Texas Federal Court Delays Effective Date of the DOL’s New Overtime Rule as Applied to Texas as an Employer

On June 28, 2024, a judge for the U.S. District Court for the Eastern District of Texas blocked the enforcement of the new U.S. Department of Labor (DOL) rule to raise the minimum salary thresholds for the Fair Labor...more

Texas Seeks Order Blocking Enforcement of DOL’s New Overtime Rule Ahead of July 1 Effective Date

The U.S. Department of Labor’s (DOL) new rule to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions could be delayed as it faces multiple legal challenges, alleging...more

Business Groups File Lawsuit to Block DOL’s Raised Salary Thresholds for White Collar Overtime Exemptions

On May 22, 2024, more than a dozen business groups and a company filed a lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that significantly raises the minimum salary thresholds for the Fair Labor...more

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more

DOL Finalizes Substantial Increase to Salary Threshold for FLSA White Collar Exemption

On April 23, 2024, the U.S. Department of Labor (DOL) unveiled a new final rule that will significantly raise the minimum salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act (FLSA),...more

DOL Proposes Substantial Increase to Salary Threshold for FLSA’s White Collar Exemptions

On August 30, 2023, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) that would significantly raise the minimum weekly salary to qualify for one of the Fair Labor Standards Act’s (FLSA) three...more

Is It Compensable? Federally Recognized Holidays

February 20, 2023, was Presidents’ Day, one of several federal holidays occurring throughout the year in the United States. Private-sector employers are not required by federal law to give employees any federal holidays off....more

Is It Compensable? Missing Work Due to Inclement Weather

It is the heart of winter and, for some parts of the country, dangerous snow and ice storms are prevalent. In other areas of the country, hurricanes, wildfires, and other inclement weather events have been occurring with more...more

Employee’s Poor Performance Trumps FMLA Claim

On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation. Despite some facially bad facts - including that the employee was discharged...more

Wisconsin Legislature Expressly Authorizes Electronic Tip Declarations

Like the federal Fair Labor Standards Act, Wisconsin law allows hospitality employers to pay certain tipped employees less than the minimum wage with the understanding that the tips they receive will cover the difference....more

DOL’s New Outreach Initiative and Guidance on Application of the FLSA to Pandemic Scenarios, Including the Compensability of...

On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour...more

Wisconsin Joins States Providing Civil Immunity Related to COVID-19 Exposure

On February 25, 2021, Wisconsin joined Alabama, Georgia, Indiana, Iowa, Louisiana, Michigan, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and Wyoming in...more

Madison Takes ‘Pot’shot at Wisconsin, Joins Growing List of Municipalities to Decriminalize Cannabis

In November 2020, the Common Council for the City of Madison, Wisconsin, passed ordinances decriminalizing the possession and use of small amounts of cannabis or cannabis derivatives within city limits. With those ordinances,...more

Wage and Hour Roundup: Using “Relief” Workers During the COVID-19 Crisis

As COVID-19 continues to remain a critical issue across the country, an increasing number of employers that are allowed to remain open despite shelter-in-place orders may be experiencing staffing shortages. This is because...more

You Need to Cut Costs, but Don’t Want a RIF: Alternatives to Terminations in the Age of COVID-19

During this season of COVID-19, in which the duration of the crisis is unknown, employers across the country are seeking to implement cost-cutting measures which avoid full-blown reductions in force (RIFs). Many employers are...more

EEOC’s Proposed Changes May Lead to Increased Charge Activity and Subsequent Litigation

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records...more

No Snow Days for Wage and Hour Issues

With winter on the way, it is a good time for employers to review the relevant wage and hour laws that can be triggered by inclement weather. Likewise, it is also a good time for employers to ensure their policies comply with...more

Wisconsin Judge Rules That HR’s Assurances Before Employee’s One-Year Anniversary May Give Rise to FMLA Claim

Employees are not eligible for leave under the federal Family and Medical Leave Act (FMLA) unless, among other things, they have worked for a covered employer for at least 12 months. It is also a matter of common sense that...more

Key Wage and Hour Issues for Manufacturing Industry Employers – Part 2

Join hosts Bud Bobber and Keith Kopplin for the second podcast in their series on important wage and hour topics for manufacturing industry employers. This podcast covers the important topic of overtime pay, including who is...more

Wisconsin FMLA vs. Federal FMLA in a Nutshell

In this episode, Keith Kopplin and Sarah Platt compare Wisconsin’s Family and Medical Leave Act with the federal Family and Medical Leave Act and discuss the key differences and top things employers should know....more

FMLA FAQs: Answers to Employers’ Common Questions

The Family and Medical Leave Act (FMLA) continues to present challenging questions for employers. In this episode, Keith Kopplin and Sarah Platt of our Milwaukee office walk through some of employers’ most frequently asked...more

Key Wage and Hour Issues for Manufacturing Industry Employers – Part I

Join hosts Bud Bobber and Keith Kopplin as they discuss important wage and hour topics for manufacturing industry employers, including compensable work, pre and post-shift activities, donning and doffing, meal and rest...more

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