Ted Boehm

Ted Boehm

Fisher & Phillips LLP

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Companionship Exemption Changes In Effect

The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more

8/25/2015 - Appeals Companionship Exemptions DOL Domestic Workers FLSA Healthcare Healthcare Providers Home Health Care Home Healthcare Workers SCOTUS Third-Party Agents Wage and Hour

Risky Business: A Three-Step Plan For Addressing Harassment By Nonemployees

Employers have long understood that they face potential liability when an employee is sexually harassed by another employee and they do nothing to prevent or fix the known problem. It is also true, but perhaps less well...more

8/3/2015 - Assisted Living Facility Best Management Practices EEOC Employer Liability Issues Employment Policies Harassment Health Care Providers Hospitals Nursing Homes Retaliation Sexual Harassment Third-Party Risk Title VII

USDOL Publishes "Independent Contractor" Interpretation

The U.S. Labor Department's Wage and Hour Division has released "Administrator's Interpretation No. 2015-1" to address what it characterizes as the "problematic trend" of allegedly misclassifying workers as independent...more

7/17/2015 - DOL Employees FLSA Independent Contractors Misclassification Non-Exempt Employees Wage and Hour

The Trend Toward Payroll Cards

Last month, Georgia became the latest state to pass legislation governing the payment of wages via “payroll cards.” Gov. Nathan Deal signed the new law on May 5, 2015. Prior to the passing of this bill, the payment of wages...more

6/2/2015 - CFPB Governor Deal New Legislation Payroll Cards Wages

Proposed FLSA Exemption Changes Still In Limbo

Employers await with bated breath the release of the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and...more

3/30/2015 - DOL Exempt-Employees FLSA Proposed Amendments

DOL's Wage Rule for Home Care Workers on Hold

A federal judge has scuttled key aspects of the U.S. Labor Department's (DOL's) rule that would have extended the federal Fair Labor Standards Act's minimum wage and overtime requirements to many home care workers. The rule...more

2/17/2015 - Companionship Exemptions DOL Employer Mandates FLSA Home Health Agencies Home Health Care Home Healthcare Workers New Regulations Wage and Hour

Clean-Uniform Policy May Lead to Additional Pay

Most healthcare employers require employees to wear some sort of uniform. Of course, the most familiar uniforms in this setting are “scrubs,” but some employers require lab coats or other garments. Some healthcare...more

2/9/2015 - Employer Liability Issues Health Care Providers Uniforms Wage and Hour

Judge Vacates Parts of USDOL Home-Care Regulation

A federal judge has scuttled key aspects of the U.S. Department of Labor's rule that would have extended the federal Fair Labor Standards Act's minimum-wage and overtime requirements to many home care workers starting January...more

1/19/2015 - Companionship Exemptions DOL FLSA Home Health Agencies Home Health Care Home Healthcare Workers Minimum Wage Wage and Hour

Interesting Comments From U.S. Labor Solicitor Smith

Solicitor of Labor M. Patricia Smith spoke at a December continuing-legal-education conference in Atlanta. Her remarks in a couple of areas were especially interesting. Coming "White Collar" Exemption...more

1/5/2015 - DOL Exempt-Employees FLSA Opinion Letter Wage and Hour

Court Vacates Imminent Bar To Third-Party Employer's Claiming Companionship/Live-In Domestic Exemptions

We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section 13(b)(21) overtime...more

12/24/2014 - Companionship Exemptions DOL Domestic Workers Final Rules FLSA Home Health Agencies Third-Party Service Provider

No FLSA Overtime Recovery For What Employer "Should Have" Paid

Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime compensation should have...more

11/24/2014 - FLSA Unpaid Overtime Wage and Hour

USDOL Defers Enforcement Action On "Companionship" Changes

For some time now, we have followed the U.S. Labor Department's efforts to curtail the federal Fair Labor Standards Act's Section 13(a)(15) "companionship" exemption. Those efforts culminated in a Final Rule published in...more

10/9/2014

FLSA "Per Diem" Claims On The Rise

A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees....more

7/18/2014 - DOL Employer Liability Issues Enforcement Enforcement Actions FLSA Non-Exempt Employees Oil & Gas Per Diem Shipping

Third Circuit Addresses FLSA "Successor" Liability

Federal courts continue to embrace a broad view in evaluating the question of whether federal Fair Labor Standards Act liability may be imposed upon a successor company in particular situations. ...more

4/28/2014 - FLSA Hiring & Firing Successor Liability Wage and Hour

USDOL Guidance Released On "Adult Foster Care", "Shared Living Arrangements"

We reported earlier that the U.S. Labor Department has issued a Final Rule re-stating the requirements for and limitations upon the federal Fair Labor Standards Act's Section 13(a)(15) "companionship exemption". The changes...more

4/16/2014 - DOL Exempt-Employees FLSA Non-Exempt Employees

President Seeks To Curtail FLSA "White Collar" Exemptions

President Obama has instructed the U.S. Labor Department to revise the federal Fair Labor Standards Act's so-called "white collar" exemptions in a "Presidential Memorandum" released on March 13. This effort is intended (as...more

3/17/2014 - Employee Rights FLSA Unpaid Overtime

Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the...more

2/17/2014 - Exempt-Employees FLSA Hiring & Firing Job Offers Non-Exempt Employees Personnel Records Unpaid Overtime Wage and Hour

Proposed "Independent Misclassification" Law

Government efforts aimed at cracking down on perceived independent-contractor misclassification show no signs of slowing down as 2014 begins. On November 12, 2013, the “Payroll Fraud Prevention Act of 2013” (PFPA) was...more

2/5/2014 - Compliance FLSA Fraud Misclassification Payroll Records

It's Past Time To Dispel The "Half-Time" Fog

A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has...more

11/6/2013 - Compliance FLSA Fluctuating Workweek SCOTUS Unpaid Overtime Wage and Hour Wages

"Comp Time" Might Be Moving Up On The Agenda

We reported in April and May about the fast-tracked "Working Families Flexibility Act of 2013" passed in the U.S. House of Representatives. This measure proposes to amend the federal Fair Labor Standards Act to permit...more

11/4/2013 - Flexible Work Arrangements FLSA

Companionship-Exemption Regulation To Be Released

Months after its April 2013 target date, the U.S. Labor Department announced this afternoon that it is issuing a Final Rule re-stating the requirements for and limitations upon the "companionship" exemption in the federal...more

9/18/2013 - Companionship Exemptions DOL Exemptions FLSA New Regulations

Former Employee Successfully Disavows FLSA Settlement

The Eleventh Circuit U.S. Court of Appeals (with jurisdiction over Alabama, Florida, and Georgia) recently expanded the court's 1982 ruling in Lynn's Food Stores, Inc. v. U.S. limiting the settlement of claims under the...more

8/19/2013 - FLSA Settlement Unpaid Overtime

Top Official Held Personally Liable Under FLSA

A recent decision by the Second Circuit U.S. Court of Appeals (Connecticut, New York, and Vermont) is a reminder that individual business owners and management members can face claims of personal liability for federal Fair...more

7/19/2013 - Business Ownership Employer Liability Issues FLSA Personal Liability Small Business

Healthcare Update, No. 2, May 2013: End of Companionship Exemption?

In April, the U.S. Labor Department (DOL) is scheduled to announce regulations that will almost certainly increase the cost of employing individuals as home care aides who are considered “companions” under the Fair Labor...more

5/6/2013 - Companionship Exemptions DOL Exemptions FLSA New Regulations

Labor Letter, May 2013: After The Violence Come The Lawsuits

A lawsuit filed against a business in Minneapolis, Minnesota demonstrates that the problems associated with workplace violence do not necessarily end once the violence stops. Recently, the family of one of six individuals...more

5/2/2013 - Employer Liability Issues Hiring & Firing Negligent Hiring Safety Training Termination Workplace Hazards Workplace Violence

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