The Burr Broadcast: FLSA Overtime Exemption
What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
The Burr Broadcast: Proposed Expanded Overtime Rule
Podcast: California Employment News - The Basics of Pay Exemptions
California Employment News: The Basics of Pay Exemptions
Podcast: California Employment News - Department of Labor Guidance on Telework
California Employment News: Department of Labor Guidance on Telework
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
Employment Law Now VII-126 - Invalidating Severance Agreements (and Other Important Developments)
The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Running Successful and Legally Compliant Internships
DE Under 3: Trump Admin Independent Contractor Rule Back; Non-binary Reporting & the OFCCPs New Pay Equity Directive
#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities - Employment Law This Week®
Podcast: Do You Have to Pay for Training Time?
Looking back at 2021 and ahead to 2022
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Labor and Employment - Final Rule: Employee or Independent Contractor Classification Under the Fair Labor...more
Implementation of the requirements for compliance with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) has presented unique challenges to employers in the retail and restaurant industries due to...more
The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more
The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and...more
Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when employees are unexpectedly sick or when staffing levels fell due to the...more
I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of the FLSA. ...more
Are customers who use self-checkout entitled to be paid for it? NOTE FROM ROBIN: At least one California lawyer thinks so. He recently filed a lawsuit contending that his client, a supermarket customer, and other...more
Some companies are well known for providing teenagers their first jobs and providing a learning foundation on what it takes to be successful in the workplace. But many retailers have long held policies against employing...more
Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more
On January 14, 2021, Massachusetts Governor Charlie Baker signed into law an economic stimulus bill, H.5250, An Act Enabling Partnerships for Growth, which includes two significant changes to Massachusetts wage and hour laws....more
On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i). Prior to May...more
On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry...more
I have handled a number of cases involving Section 7(i) of the Fair Labor Standards Act (“FLSA”) which provides an exemption from overtime for commissioned employees working for a so-called retail/service establishment. One...more
The Department of Labor’s Wage and Hour Division deftly tackled decades of confusion regarding which establishments might have employees meeting the FLSA’s 7(i) overtime exemption for certain commission-paid employees. Even...more
The U.S. Department of Labor’s final regulations addressing the FLSA’s fluctuating workweek (FWW) method reminded us that (1) legal principles control and (2) illustrative examples merely demonstrate application. The agency...more
Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments....more
As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what...more
The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two...more
On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more
Section 7(i) of the Fair Labor Standards Act provides an exemption from the usual overtime pay requirements for certain commissioned employees of retail or service establishments. For decades, the U.S. Department of Labor has...more
Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more
I have handled many cases involving the so-called commission exemption under the Fair Labor Standards Act, Section 207(i), and I can safely say that often a big stumbling block for the defendant (i.e. employer) is to show...more