Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Too Many RULES, Man!

“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor...more

5/20/2016 - ADA Affordable Care Act DOL EEOC Electronic Filing Final Rules FLSA GINA HIPAA OSHA Wage and Hour Wellness Programs White-Collar Exemptions Workplace Injury

Your Overtime Rule News Portal For Today

Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor’s new overtime rule this afternoon in an appearance at Jeni’s Splendid Ice Cream in Columbus, Ohio. I’ll post the rule,...more

5/18/2016 - DOL FLSA Over-Time Wage and Hour

Employer Guide to Family and Medical Leave Act

The U.S. Department of Labor, Wage and Hour Division, has issued a new guide for employers on the Family and Medical Leave Act....more

4/27/2016 - DOL FMLA Wage and Hour

Ugh. HR Consultant Hit For $1MM In Unpaid Overtime

No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267...more

4/22/2016 - DOL Exempt-Employees Unpaid Overtime Wage and Hour

No April Foolin’ – Third Lawsuit Challenging DOL Persuader Rule Is Filed

We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth...more

4/4/2016 - Collective Bargaining DOL Persuader Rules Unions

Second Lawsuit Challenges USDOL Persuader Rule

Mercy me! We now have a second challenge to the U.S. Department of Labor’s Persuader Rule, filed today in federal court in Minnesota. This morning, I reported on a lawsuit filed yesterday in federal court in Arkansas. What...more

4/1/2016 - Collective Bargaining DOL Persuader Rules Unions

First Lawsuit Challenges DOL’s Persuader Rule

Like the first robin in spring, here is what we believe is the first lawsuit challenging the “Persuader Rule,” issued last week by the U.S. Department of Labor. ...more

3/31/2016 - Collective Bargaining DOL Persuader Rules Unions

Hold Onto Your Hats! DOL Persuader Rule Is Coming Today.

According to news reports, the U.S. Department of Labor will be issuing this morning its long-awaited (and, for employers, long-dreaded) “Persuader Rule.” The rule is expected to create an obligation for employers, attorneys,...more

3/23/2016 - Attorney-Client Privilege DOL Persuader Rules

BREAKING: DOL Releases Proposed Rule On Paid Sick Leave For Employees Of Federal Contractors

The U.S. Department of Labor released today a proposed rule that would require federal contractors to provide at least seven paid sick days per year to their employees. The leave could be used for the employee’s own illness,...more

2/25/2016 - Barack Obama DOL Executive Orders Federal Contractors Sick Leave

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

12/23/2015 - DOL EEOC Job Applicants NLRB OSHA Over-Time Paternity Pregnancy Discrimination Reasonable Accommodation Religious Discrimination Sanctions SCOTUS Summary Judgment Wellness Programs

New Overtime Regs: Will “Duties Test” Be Beefed Up After All?

You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime...more

11/17/2015 - DOL Standard Duties Test Unpaid Overtime Wage and Hour White-Collar Exemptions

DOL’s Home Care Rule goes live.

Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the...more

11/13/2015 - DOL FLSA Home Health Care Home Healthcare Workers Over-Time

DOL To Start Enforcing New Home-Care Rule November 12

The U.S. Department of Labor has announced that it will start next month enforcing the new “Home-Care” Final Rule, which prohibits third-party employers from taking advantage of the overtime exemption for certain domestic...more

10/13/2015 - DOL Employer Liability Issues Final Rules FLSA Home Health Agencies Home Health Care Home Healthcare Workers Wage and Hour

You’ve Been Warned – Those Independent Contractors Are Probably Employees

On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are “employees” versus “independent contractors” under the Fair Labor Standards...more

7/20/2015 - Administrative Interpretation Corporate Counsel DOL Employee Definition Independent Contractors Misclassification Multi-Factor Test Wage and Hour

BREAKING: DOL Issues Memo On Independent Contractors

Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the “independent contractor versus employee” issue, taking the position that most workers are actually employees within the meaning...more

7/16/2015 - DOL FLSA Independent Contractors Misclassification

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more

7/1/2015 - DOL Due Process Employee Rights Equal Protection FMLA Fourteenth Amendment Marriage Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS

Proposed Overtime Rule Has Been Sent To OMB

Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the federal Office of Management and Budget, which means that the...more

5/6/2015 - DOL Exempt-Employees FLSA OMB Proposed Regulation Secretary of Labor

New FMLA Rule Will Give Rights To Same-Sex Spouses Based On “Place Of Celebration”

The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the...more

2/24/2015 - DOL Final Rules FMLA Same-Sex Marriage Spouses

Obama’s LGBT Executive Order Raises More Questions Than It Answers

More than two years after expressly declining to do so, this past Monday, President Obama signed an Executive Order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or...more

7/23/2014 - Barack Obama Discrimination DOL Employer Liability Issues Executive Orders Federal Contractors Federal Employees LGBT Sexual Orientation Discrimination

Same-sex marriage and the FMLA: What you need to know

As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more

6/27/2014 - DOL DOMA Employee Rights Employer Liability Issues FMLA Rulemaking Process Same-Sex Marriage US v Windsor

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

1/3/2013 - Breastfeeding Discrimination DOL Email FLSA Hiring & Firing Marital Communications Privilege Melissa Nelson Nelson v Knight Sex Discrimination Termination

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