William Pokorny

William Pokorny

Franczek Radelet P.C.

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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

3/21/2017 - Educational Institutions Employer Liability Issues FLSA Over-Time Public Employees Teachers Wage and Hour

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

1/27/2017 - AFL-CIO DOL Final Rules FLSA Minimum Salary Over-Time Trump Administration Wage and Hour White-Collar Exemptions

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

1/10/2017 - DOL Maternity Leave Minimum Wage Obama Administration Paid Family Leave Law Trump Administration Wage and Hour Wages

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

1/5/2017 - AFL-CIO Appeals DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Trump Administration Unions Wage and Hour White-Collar Exemptions

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

12/20/2016 - ADA Disability Discrimination Discrimination EEOC Employment Discrimination Health Care Providers Healthcare Mental Health Reasonable Accommodation

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

12/16/2016 - Colleges Educational Institutions FLSA Minimum Wage NCAA School Sports Student Athletes Universities Wage and Hour Wages

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

12/14/2016 - AFL-CIO DOL FLSA Minimum Salary Over-Time Trump Administration Unions White-Collar Exemptions

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

12/7/2016 - Colleges DOL Educational Institutions Employees Field Operations Manual FLSA Minimum Wage NCAA NLRA NLRB School Sports Student Athletes Universities Wage and Hour Wages

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

12/5/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Obama Administration Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

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

12/2/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Notice of Appeal Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

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

11/28/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

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

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

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

11/9/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Presidential Elections Trump Administration Wage and Hour White-Collar Exemptions

Business Groups Ask Court To Expedite Ruling On Overtime Exemption Rules

In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime exemption rule from taking effect had not yet moved to expedite the court’s ruling on...more

10/18/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Summary Judgment Wage and Hour White-Collar Exemptions

States Seek Preliminary Injunction Blocking New Overtime Rules

On September 20 we reported about a lawsuit by 21 states seeking to block the U.S. DOL’s new overtime exemption rules. This week, the states followed up their complaint by filing an Emergency Motion for Preliminary...more

10/14/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

What Is The Section 7(i) Exemption And Does It Apply To Auto Dealer Service Advisers?

Over the summer, the U.S. Supreme Court punted on the question of whether “Service Advisers” or “Service Writers” at auto dealerships fall within the Fair Labor Standards Act’s exemption for “any salesman, partsman, or...more

9/19/2016 - Automotive Industry Car Dealerships DOL Exempt-Employees FLSA Minimum Salary Navarro v Encino Motorcars Non-Exempt Employees Over-Time Sales Commissions SCOTUS Service Advisors Wage and Hour White-Collar Exemptions

Have you updated your FLSA and EPPA posters?

Regular readers may have noticed that this blog took a bit of a hiatus over the summer while the authors spent some time away from work, and then working to catch up from the time away. Now that summer is winding down, the...more

8/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Posting Requirements Wage and Hour White-Collar Exemptions

Here's a tip: Don't skim from employee tips

Hospitality industry employers take note: If you claim a “tip credit” toward the minimum wage for any of your employees, you need to make sure that all tips are properly distributed to employees. A recent case from the Fifth...more

6/23/2016 - DOL Employer Liability Issues FLSA Hospitality Industry Minimum Wage Restaurant Industry Tip Credit Tip-Pooling Tipped Employees Tips Wage and Hour

Converting Salary to an Hourly Rate

Since the U.S. DOL published its new overtime exemption rules, several people have asked me how one goes about converting a salary to an hourly rate that will give employees about the same amount of pay once overtime is...more

6/13/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Salaried Employees Wage and Hour White-Collar Exemptions

Employer Concerns About The New Overtime Exemption Rules Aren't A Myth

Every economist knows that there’s no such thing as a free lunch. That’s as true in the labor market as in any other area of the economy, but you’d hardly know that by reading the DOL’s publications promoting its new overtime...more

6/9/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

Residence Hall Directors Under The New FLSA Exemption Rules

One of the issues that colleges and universities are struggling with under the new FLSA overtime exemption rules is how to compensate residence hall directors. While responsibilities vary from institution to institution,...more

6/1/2016 - Colleges DOL Educational Institutions Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Universities Wage and Hour White-Collar Exemptions

What Bonuses and Incentive Payments Count As "Discretionary" Under The New Exemption Rules?

One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing  certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However,...more

5/27/2016 - Bonuses DOL Exempt-Employees Final Rules FLSA Incentive Compensation Minimum Salary Over-Time Sales Commissions Wage and Hour White-Collar Exemptions

Thoughts On Payroll By Exception and Weekly Time Sheets

In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used...more

5/25/2016 - DOL Employment Policies FLSA Rounding Time Cards Wage and Hour White-Collar Exemptions

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