Susan Milner Parrott

Susan Milner Parrott

Smith Anderson

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Latest Publications


Final Overtime Regulations Issued By DOL

On May 18, 2016, the federal Department of Labor (DOL) announced the publication of the much-anticipated final rule updating the overtime regulations under the federal Fair Labor Standards Act (FLSA). The final rule was...more

5/25/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Timekeeping Wage and Hour White-Collar Exemptions

Department of Labor Issues Guidance on Joint Employment Under the FLSA and the MSPA

The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more

3/10/2016 - Administrative Interpretation DOL Employer Liability Issues FLSA Joint Employers MSAWPA Staffing Agencies Wage and Hour

State Minimum Wages Increase in the New Year

Although the minimum wage under the federal Fair Labor Standards Act (FLSA) remains the same for 2016, the minimum wage increases under the laws of 14 states. Currently, 29 states and the District of Columbia have minimum...more

1/21/2016 - FLSA Minimum Wage Wage and Hour

Are Your Administrative Employees Really Exempt From Overtime Pay?

On December 23, 2015, the Fourth Circuit Court of Appeals ruled that insurance investigators who work in a special investigative unit of GEICO’s claims department do not come within the administrative exemption under the...more

1/8/2016 - Administrative Exemption Corporate Counsel FLSA GEICO Over-Time Popular Unpaid Overtime Wage and Hour White-Collar Exemptions

DOL Issues Guidance Concluding that Most Workers are Employees Under the FLSA

The Department of Labor (DOL) recently issued new guidance addressing independent contractor classification under the Fair Labor Standards Act (FLSA). In Administrator’s Interpretation No. 2015-1, the DOL interprets the...more

8/28/2015 - Administrative Interpretation Classification Control Test DOL Economic Realities Test Employee Definition FLSA Independent Contractors Misclassification Multi-Factor Test New Guidance

Proposed Rule for Overtime Exemptions Is Issued by Department of Labor—What Will It Mean for You?

The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more

8/21/2015 - Comment Period DOL Exempt-Employees Multi-Factor Test Non-Exempt Employees Proposed Regulation Unpaid Overtime Wage and Hour White-Collar Exemptions

Proposed Rule Changing Overtime Regulations Is Issued by DOL

On July 6, 2015, the federal Department of Labor (DOL) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) announcing proposed changes to the overtime pay regulations under the Fair Labor Standards Act...more

7/10/2015 - Comment Period DOL Exempt-Employees FLSA NPRM Unpaid Overtime Wage and Hour White-Collar Exemptions

Are You Paying Your Summer Intern Correctly?

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

5/28/2015 - DOL FLSA Internships Unpaid Interns Wage and Hour

New Year...New Minimum Wages in 20 States

The minimum wage under the federal Fair Labor Standards Act remains unchanged, but the new year brings minimum wage increases in 20 states. With these increases, 29 states and the District of Columbia now have minimum wage...more

1/23/2015 - FLSA Minimum Wage New Legislation

EEOC Issues New Guidance on Pregnancy

The Equal Employment Opportunity Commission (EEOC) recently issued comprehensive "Enforcement Guidance on Pregnancy Discrimination and Related Issues” (the Guidance). Along with the Guidance, the EEOC issued a Q&A document as...more

10/22/2014 - ADA EEOC Employee Rights Employer Liability Issues Enforcement Guidance PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation Small Business Title VII

ADA: Temporary Medical Condition May Be a Disability

A recent decision from the Fourth Circuit Court of Appeals held that under the Americans with Disabilities Act (ADA), an impairment or injury is not excluded as a disability simply because it is temporary. In deciding Summers...more

8/6/2014 - ADA ADAAA Bodily Injury Disability EEOC Employee Rights

eTrends - Proposed Rule Would Revise FMLA’s Definition of “Spouse”

The United States Department of Labor (“DOL”) has proposed a rule to revise the definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”) to afford same-sex married couples the same rights as heterosexual...more

7/2/2014 - DOL DOMA FMLA Proposed Regulation Same-Sex Marriage US v Windsor

eTrends – Summer Interns may be Entitled to Wage and Hour Protection

Employers who use summer interns should be aware that interns may be entitled to certain protections under the labor laws. Generally, interns are considered to be employees entitled to minimum wage and overtime protections....more

6/20/2014 - DOL Employer Liability Issues Engagement Letters FLSA Internships Minimum Wage Over-Time Wage and Hour

eTrends - EEOC and FTC Issue Joint Guidance on the Use of Background Checks for Employment Purposes

The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued joint guidance last month on the use of background checks for employment purposes. Two publications were released. One...more

5/2/2014 - Background Checks Criminal Background Checks EEOC FTC Job Applicants

Executive Order Raises Minimum Wage for Federal Contractors

As he suggested during his 2014 State of the Union address, President Obama intends to “lead by example” to increase the minimum wage by urging businesses to raise employee wages and by increasing minimum wages payable to...more

3/27/2014 - Executive Orders Federal Contractors Minimum Wage Wage and Hour

Are Your Employees Properly Classified?

In This Presentation: - Introduction - FLSA “White Collar” Exemptions - Three Tests for Exemption - Salary Level Test - Salary Basis Test - Can the Employer Make Deductions? -...more

2/14/2014 - Classification Compliance Contractors Employer Liability Issues FLSA Full-Time Employees Misclassification

New Year Brings Higher Minimum Wage in 13 States

Effective January 1, 2014, the minimum wage increased in 13 states. With these increases, 21 states and the District of Columbia now have minimum wage rates higher than the federal minimum wage rate of $7.25 an hour. In some...more

1/16/2014 - Compliance Minimum Wage Wages

eTrends - Reminder: New Withholding Allowance Certificate is Required for Wage Payments Made On or After January 1, 2014

As a result of changes in North Carolina’s state income tax law, employees must complete a new Employee’s Withholding Allowance Certificate, Form NC-4 or Form NC-4EZ, so that employers can withhold the correct amount of North...more

12/12/2013 - Income Taxes Tax Credits Tax Deductions Wages Withholding Allowances Withholding Requirements

eTrends - DOL Announces Final Rule for Home Health Care Workers

The United States Department of Labor (DOL) Wage and Hour Division issued a final rule on September 17, 2013 that will extend the minimum wage and overtime protections of the Fair Labor Standards Act to in-home workers who...more

10/1/2013 - Companionship Exemptions DOL FLSA Home Health Care Minimum Wage Over-Time Wage and Hour

North Carolina’s New Gun Control Laws to Have Little Effect on Many Employers

The North Carolina General Assembly passed new gun control legislation this past session which was signed into law by Governor Pat McCrory on July 29, 2013. ...more


Reminder – As of May 7, 2013, Use of the New, Revised Form I-9 is Required

As of May 7, 2013, all employers must be using the new, revised Form I-9 issued by the United States Citizenship and Immigration Services. Employers are required to complete and retain a Form I-9 to verify the identity and...more

5/3/2013 - Eligibility Hiring & Firing I-9 USCIS

eTrends - DOL Provides Interpretation of Definition of "son or daughter" for FMLA Leave to Care for Disabled Adult Children

In its first Administrator's Interpretation of 2013, the Department of Labor ("DOL") issued guidance on the definition of a "son or daughter" age 18 or older who is incapable of self-care due to a disability. The Wage and...more

3/27/2013 - Adult Children Disability Disabled Children DOL FMLA Parental Leave

eTrends - Failure to Use Employer's Timekeeping System Defeats Employee's Claim for Overtime

In the recent case of Brown v. ScriptPro, LLC, the 10th Circuit Court of Appeals ruled that it was the employee's burden to provide evidence of the amount of overtime he allegedly worked and that his failure to use his...more

12/19/2012 - Burden of Proof DOL FLSA Over-Time Timekeeping

eTrends - By January 1, 2013, FCRA Forms Must be Updated

By January 1, 2013, employers and consumer reporting agencies must use revised, updated forms for certain notices required by the Fair Credit Reporting Act (FCRA). The revisions indicate that the recently created Consumer...more

11/30/2012 - Background Checks CFPB Credit Reporting Agencies Credit Reports FCRA Notice Requirements Summary of Rights

eTrends - Additional States Join the Federal Department of Labor's Initiative to Detect Misclassification of Employees as...

California and Louisiana recently became the twelfth and thirteenth states, respectively, to enter into a Memorandum of Understanding with the federal Department of Labor ("DOL") as part of the DOL's effort to detect and...more

7/31/2012 - DOL Independent Contractors Memorandum of Understanding Misclassification Penalties

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