Non-union employers, this goes for you, too!
An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more
8/12/2022
/ Anti-Harassment Policies ,
Discipline ,
NLRA ,
NLRB ,
Offensive Language ,
Over-Time ,
Protected Concerted Activity ,
Sexual Harassment ,
Social Media ,
Unfair Labor Practices ,
Unions ,
Voluntary Participation ,
Wrongful Termination
Second of two on the FLSA.
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more
7/15/2022
/ Department of Labor (DOL) ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Salaried Employees ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more
7/8/2022
/ After-Hours Work ,
Child Labor ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Non-Exempt Employees ,
Off-The-Clock ,
Over-Time ,
Payroll Records ,
Recordkeeping Requirements ,
Wage and Hour
"It could have been worse" edition.
This year was kind of meh from an employment law standpoint. But if Tiny Tim could be grateful despite all that he had to go through, then, by golly, I can be grateful for a mediocre year!...more
Here's your own personal copy.
Highlights of the regulations, which will take effect January 1, are available here....more
More to come, but here's a peek.
We'll have more on the Final Rule regarding the overtime exemptions under the Fair Labor Standards Act, which will be released on Thursday....more
The proposed regs were published in this morning's Federal Register.
The U.S. Department of Labor's proposed overtime regulations were issued on March 7, with a comment period to begin when they were published in the...more
And happy St. Patrick's Day weekend!
How much were you paying attention to employment law news this week? Take our quiz, and find out! As always, the answers appear at the end of each question, and if you cheat, I'll never...more
The salary threshold would be $35,308.
The U.S. Department of Labor released today its long-awaited proposed regulations on the executive, administrative, and professional exemptions to the overtime rule under the Fair Labor...more
A fun way to while away your time until the weekend officially arrives.
How much do you know about the basics of HR law? Take our quiz and find out! The usual rules apply: The answers immediately follow the questions, and I...more
The first step has been taken!
According to a report in last night's Bloomberg Law's Daily Labor Report, the U.S. Department of Labor has drafted proposed overtime regulations and has sent them for review to the White House...more
Yes, that is possible.
Suppose you're a small local employer whose employees are not entitled to overtime under the federal Fair Labor Standards Act.
OK, not very likely, but theoretically it could happen. ...more
Let your voice be heard!
The Wage and Hour Division of the U.S. Department of Labor announced today that it will conduct public listening sessions in a number of cities about the white-collar exemptions to the overtime...more
It's all pretty good news for employers.
On Wednesday, the federal government issued its 2018 unified regulatory agenda, and the following items will be especially noteworthy to most employers:-...more
Are you in the know?
Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will --...more
3/9/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
NLRB ,
Over-Time ,
Reasonable Accommodation ,
Religious Discrimination ,
Transgender ,
Wage and Hour
Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more
I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant,...more
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted...more
The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule.
Some very quick background: The overtime rule, which...more
The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April....more
The employment law week in Trumpland started out a little slow, but now we’re back in business.
Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for...more
Dum-da-dum-dum!
Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards...more
Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case....more
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
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