Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

Contact  |  View Bio  |  RSS

Latest Posts › DOL

Share:

What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The...more

12/2/2016 - DOL Donald Trump Exempt-Employees FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

Breaking: OSHA Reasonable Reporting Procedure Rule Is NOT Enjoined!

Which means the rule will be enforced starting day after tomorrow, December 1. Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had...more

11/30/2016 - DOL Employer Liability Issues OSHA Reporting Requirements

Employers Can Breathe A Sigh Of Relief Come December 1: Court Strikes Down Overtime Rule

The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to...more

11/25/2016 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

BREAKING: Overtime Rule Has Been Enjoined!

Judge Amos Mazzant has issued a nationwide preliminary injunction blocking the U.S. Department of Labor’s overtime rule from taking effect as scheduled on December 1. I’m reading the decision now and will be back with details...more

11/23/2016 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Employment And Labor Law Developments (And A Few Other Things) I’m Thankful For

This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S....more

11/23/2016 - DOL Donald Trump EEOC Fair Pay and Safe Workplaces Federal Contractors FLSA Labor Law Violations LGBT Persuader Rules Sexual Orientation Discrimination Wage and Hour White-Collar Exemptions

Everything’s happening in Texas!

Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. The DOL can appeal to the U.S. Court of Appeals...more

11/18/2016 - DOL FLSA Persuader Rules Preliminary Injunctions Wage and Hour

BREAKING: 21 States Sue USDOL About FLSA Overtime Rule

Thanks to Law360 for alerting us to this! Straight from the courthouse to you — I haven’t even read this yet, but here is a copy of the lawsuit, which was filed today in federal court in the Eastern District of Texas....more

9/21/2016 - DOL FLSA Minimum Salary Over-Time White-Collar Exemptions

Spa day! Let’s do an FLSA white-collar exemption makeover!

Employers, when was the last time you had a real makeover? Let’s do one now! The new white-collar exemptions under the Fair Labor Standards Act will go into effect December 1, but it’s a good idea for employers to...more

8/19/2016 - DOL Exempt-Employees FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

Judge Blocks U.S. Department of Labor “Persuader Rule”

U.S. District Court Judge Sam R. Cummings in Lubbock, Texas, has issued a preliminary injunction, which blocks the U.S. Department of Labor’s “Persuader Rule” from going into effect on Friday....more

6/28/2016 - DOL Persuader Rules Unions

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

31 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×