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Service Adviser Exemption Goes Back to the Supreme Court

On September 28, 2017, the U.S. Supreme Court agreed to hear a case in which the Court will be asked to decide whether the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling...more

Does Paying Time and a Half For Certain Work Count Toward Overtime? [Wage & Hour FAQ]

Q. Our organization has a policy of paying employees who perform certain kinds of work outside of regular business hours at 1-1/2 times their regular hourly rates. Do we have to pay additional overtime pay for these...more

9/13/2017  /  FLSA , Over-Time , Wage and Hour

Texas District Court Strikes Down Obama FLSA Exemption Rules

Earlier yesterday, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued his final ruling in State of Nevada et al. v. United States Department of Labor, et al. Judge Mazzant granted the...more

Fifth Circuit Limits Use of Fluctuating Workweek

Employers who rely on the fluctuating workweek method to calculate overtime for employees should take a few minutes to review a new ruling from the Fifth Circuit Court of Appeals that draws some new lines around when the...more

Be Careful When Using Biometric Information

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner... ...more

DOL Brief in Overtime Rules Case Leaves New Uncertainty

On June 30, the U.S. Department of Labor filed its long-awaited brief announcing the new administration’s position on the ongoing litigation over the FLSA overtime exemption rules published last May. As readers may recall,...more

Opinion Letters Are Back!

The U.S. Department of Labor’s Wage & Hour Division announced today that it is bringing back the WHD Opinion Letter. Opinion letters have long been one of the most useful resources for lawyers and HR professionals trying...more

6/28/2017  /  DOL , FLSA , FMLA , Wage and Hour

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more

Do I have to pay employees to run a 5K? [Wage & Hour FAQ]

Q. Our company would like to enter a team in a local 5K charity race to do some good for the community and provide some positive PR for the company. Do we have to pay employees for time spent in this activity? ...more

Restaurants: Do your employees know that you take the tip credit?

If not, you might have a problem. In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees...more

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...more

Trump leaves DOL OT rules on life support - For Now

President Trump has had a busy week since his inauguration: ordering construction of a wall, starting to unwind the ACA, arguing with the media about how many people attended his inauguration – the list goes on. One thing...more

So Long, Secretary Perez: DOL Head's Goodbye Message

Last week, outgoing Secretary of Labor Thomas Perez released a farewell “Memorandum to the American People.” It mostly reads as a recap of the DOL’s news releases over the past several years, touting various DOL initiatives...more

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas has decided that he will not halt the lawsuit challenging the U.S. DOL’s new overtime exemption rules pending a ruling from the 5th Circuit Court...more

Gifts that Don’t Quite Fit in Your Stocking: New Employment Laws Taking Effect in 2017

A number of new state or local laws are set to take effect in Illinois in 2017 which will require employers to update their employee handbooks, employment agreements, and other policies and procedures. We address the key...more

EEOC Releases New “Resource Document” On Mental Health Conditions under the ADA

On December 12, 2016, the EEOC issued a new Q&A style document entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” While clearly aimed at employees with mental health...more

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more

AFL-CIO Seeks To Intervene In Overtime Rules Court Fight

The pending court fight between the U.S. DOL and a coalition of states and business groups over the new overtime exemption rules will not be resolved before President Obama leaves office in January, even though the 5th...more

Seventh Circuit Says Student Athletes Are Not Employees

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more

Exemption Rules Appeal Won't Be Resolved Before Obama Leaves Office

It looks like the U.S. Department of Labor’s appeal of the order blocking the new overtime exemption rules won’t be decided before President Obama leaves office. Under the Court of Appeals’ regular rules, the DOL’s opening...more

Not Dead Yet! DOL to Appeal Overtime Exemption Rules Injunction

Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more

New Exemption Rules Blocked - Now What?

Last week, the United States District Court for the Eastern District of Texas dealt employers yet another surprise in this season of upsets with its decision in State of Nevada v. U.S. Department of Labor, halting the...more

DOL Exemption Rules Enjoined

Well folks, looks like all that work we did to get ready for the new exemption rules taking effect 12/1 was just for fun. A federal court just blocked the rules from taking effect nationwide....more

What Will The Trump Administration Mean for Wage and Hour Law?

This is a post I certainly didn’t expect to be writing even 12 hours ago, but now that the results of the election are clear, it’s time to give some thought to what lies ahead under the forthcoming Trump administration....more

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