Steven F. Pockrass

Steven F. Pockrass

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Labor Department Seeks to Fast Track Overtime Appeal

On December 2, 2016, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking to fast track the DOL’s appeal of a nationwide preliminary injunction that blocks the agency...more

12/5/2016 - Appeals DOL FLSA Preliminary Injunctions Wage and Hour White-Collar Exemptions

Labor Department Announces Intent to Appeal Preliminary Injunction of Overtime Regulations on the Day the Regulations Were to...

On December 1, 2016, the U.S. Department of Labor (DOL) filed a notice with the U.S. Court of Appeals for the Fifth Circuit announcing its intent to challenge a Texas district court’s issuance of a nationwide preliminary...more

12/2/2016 - Appeals DOL FLSA Preliminary Injunctions White-Collar Exemptions

Texas Judge Temporarily Blocks Overtime Regulations That Were to Become Effective on December 1

On November 22, 2016, a federal court judge in Texas issued a preliminary injunction that temporarily blocks the U.S. Department of Labor (DOL) from implementing and enforcing its revised white collar overtime regulations on...more

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

Three-Weeks to the Overtime Effective Date: Communicate With Employees Regarding Planned Compensation Changes, Overtime...

Only three weeks remain until the U.S. Department of Labor’s revised overtime regulations under the Fair Labor Standards Act (FLSA) become effective. With the December 1, 2016, compliance deadline rapidly approaching,...more

11/10/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

Storm Clouds and Silver Linings for Employers: An Analysis of the DOL’s Final FLSA Part 541 Regulations

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

New OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions

The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

Minimum Salary Threshold for Overtime Exemption Likely to Be $50,544

In preparing for the soon-to-be published revisions to the federal overtime regulations under Part 541 of the Fair Labor Standards Act (FLSA), one of the significant challenges employers face is continuing uncertainty as to...more

4/27/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary OIRA Over-Time Popular Wage and Hour White-Collar Exemptions

DOL Delivers Final Overtime Regulation Revisions to OIRA Ahead of Schedule

The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more

3/16/2016 - Congressional Investigations & Hearings CRA DOL Exempt-Employees FLSA Minimum Salary OIRA Over-Time Presidential Veto Proposed Regulation Wage and Hour White-Collar Exemptions

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more

1/21/2016 - DOL Employer Liability Issues FLSA Joint Employers Migrant Workers Wage and Hour

It’s Time to Work Overtime on Your Comments to the DOL

Time is not on your side if you are an employer who has yet to address the U. S. Department of Labor’s proposed revisions to the Fair Labor Standards Act’s white collar overtime regulations. The DOL’s proposal was...more

8/6/2015 - Comment Period DOL FLSA Wage and Hour White-Collar Exemptions

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

7/14/2015 - Bonuses Comment Period Corporate Counsel DOL Exempt-Employees Exemptions FLSA Multi-Factor Test Non-Exempt Employees NPRM Proposed Regulation Restaurant Industry Retailers Unpaid Overtime Wage and Hour White-Collar Exemptions

The New Overtime Regulations: Are Your White Collar Employees Still Exempt?

On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more

7/1/2015 - Corporate Counsel DOL Exempt-Employees FLSA Human Resources Professionals NPRM Wage and Hour White-Collar Exemptions

Indiana Wage Law Amendments Become Effective on July 1, 2015

Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes....more

6/30/2015 - Employer Liability Issues Liquidated Damages Unpaid Wages Wage and Hour Wage Deductions

Avoiding Mistletoe Mishaps, Part I: Seven Employment Topics To Consider When Hiring Seasonal Workers

As 2013 comes to an end, we will consider a number of issues that employers might be facing at the end of the year. In this blog series, we will cover topics such as seasonal hiring, religious discrimination claims stemming...more

11/22/2013 - At-Will Employment Discrimination Employer Liability Issues FLSA Holiday Parties Minimum Wage Minors Recordkeeping Requirements Religious Discrimination Seasonal Workers Temporary Employees Wage and Hour

Misclassification of Employees as Independent Contractors Will Remain a Top Priority Under New U.S. Secretary of Labor

The new head of the U.S. Department of Labor (DOL) will emphasize independent contractor misclassification as a top priority. Speaking this morning at a panel discussion in Chicago hosted by the American Bar...more

9/11/2013 - Compliance DOL Fraud Full-Time Employees Independent Contractors Misclassification

Indiana Supreme Court Allows Day Laborer’s Claim to Proceed Under Indiana Wage Payment Act

If it walks like a duck, swims like a duck, and quacks like a duck—then you’d better have a pretty good argument if you don’t want the Indiana Supreme Court to call it a “duck.” The Indiana Supreme Court recently...more

3/20/2013 - Day Laborers Wage Payment and Collection Act Wages

Minimum Wages Increase in 10 States

Although the federal minimum wage remains at $7.25 per hour, minimum wages increased in 10 states effective January 1, 2013. In nine of the 10 states, the increases are linked to cost of living adjustments based on a consumer...more

1/3/2013 - DOL Minimum Wage Wage and Hour

Seventh Circuit Holds that the ADA Mandates Reassignment of Disabled Employees to Vacant Positions

Overruling its own precedent, the U.S. Court of Appeals for the Seventh Circuit (which covers Indiana, Illinois, and Wisconsin) recently held that the Americans with Disabilities Act (ADA) requires employers to reassign...more

9/18/2012 - ADA Disability Discrimination EEOC Reasonable Accommodation Seniority United Airlines US Airways

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