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Employer Liability Issues Fair Labor Standards Act (FLSA) Compliance

Littler

New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

Littler on

On July 30, 2024, Governor JB Pritzker signed into law S.B. 3646 (the “Act”), repealing the state’s prior child labor law, and replacing it with the “Child Labor Law of 2024.” The stated intent of the Act is to “safeguard all...more

Miller Canfield

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

Miller Canfield on

The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more

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

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more

Latham & Watkins LLP

DOL Raises Minimum Salary Thresholds for Overtime Exemptions

Latham & Watkins LLP on

Employers may need to raise exempt employee salaries or reclassify them as non-exempt if the new salary thresholds go into effect. On April 23, 2024, the Department of Labor (DOL) issued a new rule (the DOL Rule) that...more

Williams Mullen

Raising the FLSA Exemption Bar: More Workers Will Be Eligible For Overtime

Williams Mullen on

The U.S. Department of Labor (DOL) published its Final Rule on April 23, 2024, updating the minimum salary threshold for exemption from overtime payment obligations under the Fair Labor Standards Act (FLSA). The Rule created...more

White and Williams LLP

Déjà vu – the Department of Labor’s Final Rule on Worker Classification

White and Williams LLP on

On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March...more

Perkins Coie

New Series: Employment Law and the Cannabis Industry

Perkins Coie on

This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more

Venable LLP

The Loud Legal Issues Hiding Behind “Quietly Quitting” Employees

Venable LLP on

​​​​​​​Quiet quitting can happen in virtually any workplace and has become a buzzword to describe employees who perform the bare minimum required by their job, yet still work enough to avoid a termination for job abandonment....more

Jaburg Wilk

Department of Labor Audit, Now What?

Jaburg Wilk on

The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Jaburg Wilk

Not Keeping Employment Records Can Place Arizona Employers at Risk

Jaburg Wilk on

How long should Arizona employers keep employment records? The short answer is - it depends. Most Arizona and federal employment law claims have a fairly short statute of limitations. Under Title VII, employees must file a...more

Epstein Becker & Green

Prepping for Full Compliance! Five Important Legal Compliance Issues Impacting the Hospitality Industry

Epstein Becker & Green on

Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below...more

Proskauer - Law and the Workplace

Federal Regulatory Agenda Previews Anticipated FLSA Rule Changes

The Trump Administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (the “Regulatory Agenda”) earlier this week.  That’s the biannual report from the federal administrative agencies on the...more

The Volkov Law Group

Are Unpaid Interns Worth the Cost (and the Risk)?

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It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more

Cozen O'Connor

I-18- DC Update on Joint Employer and OT Issues, and Part 1 of an Expert Interview on Pay Equity Audits

Cozen O'Connor on

This episode of Employment Law Now provides an update on current DC initiatives to change joint employer and overtime exemption standards, as well as Part 1 of a two-part interview with a leading expert on conducting an...more

Foley & Lardner LLP

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

Foley & Lardner LLP on

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more

NAVEX

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

NAVEX on

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

NAVEX

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

NAVEX on

The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

Littler

CFRA Joint Employers Beware

Littler on

California employers who work closely with one or more other employers in a single business enterprise need to be aware of a significant change in a California law that could have major liability repercussions. On July...more

Fisher Phillips

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

Fisher Phillips on

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

Franczek P.C.

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Franczek P.C. on

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

Bradley Arant Boult Cummings LLP

Another Employer Takes a “Collective” Hit

Fair Labor Standards Act (“FLSA”) “collective action" cases have become big business for plaintiffs’ lawyers. A recent decision by the United States Court of Appeals for the Sixth Circuit, Killion v. KeHe Distributors, not...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2014 #3

Employers Win, Lose in Latest California Supreme Court Opinion on Arbitration - Why it matters: The California Supreme Court continued its complicated relationship with employment agreements and arbitration on June 23...more

Fisher Phillips

The Death of "De Minimis" Is Greatly Exaggerated

Fisher Phillips on

The "de minimis" worktime concept is a common-sense, court-recognized notion dating from the federal Fair Labor Standards Act's earliest days. It has been articulated by the U.S. Labor Department this way...more

Carlton Fields

Wage And Hour Lawsuits Pose An Ongoing Threat

Carlton Fields on

Wage and hour cases continue to flood the courts. During the yearlong period ending March 31, 2014, approximately 8,126 lawsuits were filed seeking relief under the federal Fair Labor Standards Act. In the prior year, the...more

Akerman LLP - HR Defense

The Audit's Done, And We Need To Reclassify – Now What?

Let's assume you've done an internal audit, or one required by the Department of Labor, and found – as so many companies do – that certain titles/positions require reclassification from exempt to non-exempt under the Fair...more

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