Salvador Simao

Salvador Simao


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Federal Court Stops December 1st Implementation of New Overtime Rules

Employers do not have to make changes to comply with the Department of Labor’s (DOL’s) new overtime regulations by the December 1, 2016 deadline. In a surprising decision, a federal District Court in Texas issued an...more

11/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

DOL's Final Rule Expands Overtime Eligibility for Millions of Workers

Yesterday, the U.S. Department of Labor (DOL) will publish its long-awaited Final Rule amending the "white collar" exemption tests for executive, administrative, and professional employees (located in 29 CFR Part 541) under...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Lack of Time Records? There's an Expert for That – U.S. Supreme Court Reinforces Use of Time Study Experts in Class Certification

Yesterday, the U.S. Supreme Court held that when an employer fails to create accurate time records, courts may rely on expert time studies not only to determine unpaid hours of work, but also to determine the underlying issue...more

3/23/2016 - Class Action Class Certification Doffing Donning FLSA SCOTUS Statistical Sampling Time Cards Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Is it a Gamble for Employers to Permit Office Pools During March Madness?

The American Gaming Association estimates that Americans will bet a total of $9.2 billion on March Madness brackets, pools and contests this year, an increase of approximately $200 million from last year. While estimates...more

3/21/2016 - ADA Basketball Gambling March Madness NCAA Sports Sports Betting Sports Gambling

Get Ready: USDOL Sends Final White Collar Exemption Rule to OMB – Could be Published in 30 to 60 Days

On Tuesday, March 15th, the US Department of Labor (DOL) sent to the White House's Office of Management and Budget (OMB) its Final Rule revising the White Collar Exemption Regulations, which will likely expand overtime...more

3/17/2016 - DOL Final Rules FLSA Minimum Salary OMB Over-Time Wage and Hour White-Collar Exemptions

Update - DOL's Final White Collar Exemption Rule Could Be Published Earlier Than July 2016

As discussed in our February 17 Alert,, employers should be prepared for implementation of the U.S. Department...more

2/23/2016 - DOL Final Rules FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

DOL Says Final Rule Will Be Published in July 2016 and Be Effective Within 60 Days

During today's session of the 2016 American Bar Association's (ABA) Midwinter Meeting of the Federal Labor Standards Legislation Committee, the U.S. Department of Labor (DOL) Solicitor of Labor M. Patricia Smith announced...more

2/18/2016 - Corporate Counsel DOL Final Rules FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Intercepting Office Pool Liability – What Do Employers Have to Lose by Permitting Super Bowl Related Gambling?

Super Bowl 50 kicks off this Sunday and promises to be the most wagered-on sporting event of the year. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to...more

2/5/2016 - ADA Employment Policies Fantasy Sports Football NCAA Online Gaming Sports Gambling Super Bowl

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

1/26/2016 - Exempt-Employees FLSA FMLA Non-Exempt Employees On-Call Employees Wage and Hour Weather Policy Workplace Safety

DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. Consistent with that approach, on Wednesday January 20, 2016, the Department of...more

1/22/2016 - Agricultural Workers DOL FLSA Joint Employers Seasonal Workers Wage and Hour

Hurricane Preparedness Applies at Work as Well as at Home – Questions Employers May Face This Season

Florida Governor Rick Scott has declared a state of emergency as forecasters continue to track the path of Tropical Storm Erika, which is predicted to hit the state on Monday. Although it is unclear how strong the storm will...more

8/31/2015 - Exempt-Employees FLSA FMLA Non-Exempt Employees On-Call Employees OSHA Popular Reporting Requirements Severe Weather State of Emergency Unemployment Compensation System Wage and Hour Workplace Injury

The DOL's Proposed Amendments Increase the Salary Threshold for the FLSA's White Collar Exemptions - Dramatically Expanding the...

Executive Summary: Yesterday, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive,...more

7/1/2015 - DOL FLSA Non-Exempt Employees NPRM Wage and Hour White-Collar Exemptions

March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk?

The American Gaming Association estimates that Americans will wager $9 billion on the NCAA tournament, more than double the estimated $3.9 billion bet on the Super Bowl, bringing March Madness to a whole new level....more

3/20/2015 - Best Management Practices Employer Liability Issues March Madness Sports Sports Betting

Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers

On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior...more

3/12/2015 - Administrative Procedure Act FLSA Mortgage Loan Officer Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation Wage and Hour

New Jersey's "Ban the Box" Law Takes Effect March 1, 2015

The New Jersey Opportunity to Compete Act (the "Act"), known as the "Ban the Box" law, will go into effect on March 1, 2015. The Act prohibits employers from inquiring about an applicant's criminal background during the...more

2/23/2015 - Ban the Box Hiring & Firing Job Applicants New Legislation

Philadelphia Enacts Paid Sick Leave Ordinance

On February 12, 2015, the Philadelphia City Council passed, and Mayor Michael A. Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance ("Ordinance")....more

2/19/2015 - Employer Mandates Local Ordinance Paid Leave Sick Leave Wage and Hour

Winter Storms Raise a Blizzard of Questions for Employers

Almost a year ago, a series of winter storms blasted the country, costing billions in damages and business disruption. Yesterday, businesses and residents in the country's Northeast Corridor again braced for what some...more

1/28/2015 - Corporate Counsel Employer Liability Issues FLSA FMLA Popular Severe Weather Wage and Hour

New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors

On January 13, 2015, the New Jersey Supreme Court issued a unanimous decision that will likely have a far reaching effect on employers by severely limiting their ability to classify workers as independent contractors....more

1/15/2015 - Delivery Drivers Employee Definition Employer Liability Issues Independent Contractors Misclassification Retailers Wage and Hour

Supreme Court Narrows Test for Compensable Time Under the FLSA

On December 9, 2014, the United States Supreme Court issued a unanimous decision favorable to employers significantly limiting the types of preliminary and postliminary activities that are compensable under the Fair Labor...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

New Jersey Bill Expanding Prohibition On Discrimination Against Unemployed Advances In State Legislature

Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out...more

5/23/2014 - Discrimination Unemployment Unemployment Benefits

D.C. Council Seeks To Amend Wage Theft Prevention Act

Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties...more

5/8/2014 - Contractors Employee Rights Employer Liability Issues Employer Mandates Notice Requirements Penalties Proposed Amendments Subcontractors Unpaid Wages Wage Theft Prevention Act

President Obama Orders Changes In Overtime Regulations – What To Expect And When

Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay. ...more

3/19/2014 - Barack Obama DOL Unpaid Overtime Wage and Hour White-Collar Exemptions

Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014

Executive Summary: As anticipated, Newark Mayor Luis Quintana approved an ordinance requiring private employers to provide paid sick leave to employees who work in Newark at least 80 hours per year. The ordinance is...more

3/10/2014 - Employee Rights Paid Leave Sick Leave

March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?

Executive Summary: March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for...more

3/7/2014 - Employer Liability Issues Gambling

Employers Must Be Prepared To Deal With The Aftermath Of The Recent Winter Storms

Executive Summary: Much of the country has suffered through a series of punishing winter storms this year. With the number of snow days mounting, employers must determine whether closing the office means having to pay...more

2/19/2014 - Bodily Injury Compliance Employer Liability Issues FLSA Severe Weather Weather Policy

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