Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer
DOJ Appeals Ruling on Pay Data Collection - Employment Law This Week® - Trending News
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney
K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care Resident Agreements
Wireless Legislation on the Way?
Polsinelli Podcast - An International Trade Issue That May Impact Your Business
Polsinelli Podcast - Conducting Business With the Obama Administration
Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more
Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more
On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay. The final rule raises the standard salary level...more
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
Last week, the U.S. Department of Labor’s Wage and Hour Division adopted final regulations revising the salary requirements for employers that claim the executive, administrative, or professional exemptions from the minimum...more
On September 24, 2019, the U.S. Department of Labor (“DOL”) finally unveiled its long-awaited final rule under the Fair Labor Standards Act (“FLSA”) which officially will increase the minimum salary level for the “white...more
On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the...more
The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019. Here’s the bottom line....more
Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more
The proposed changes seek to formally rescind the Obama Administration’s 2016 Final Rule, which more than doubled the minimum salary levels for exemption for overtime requirements. Instead, the Trump Administration proposes...more
On March 7, 2019, the Department of Labor (DOL) announced new proposed revisions to the Overtime Rule. This is not the first time in recent years revisions have been proposed to the so-called "white collar exemptions"...more
If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more
On November 8, 2018, the U.S. Department of Labor (DOL) reissued a previously-withdrawn opinion letter from 2009 (available here) that clarified its position on when employers can use the tip credit under the Fair Labor...more
As previously reported in EmployNews, litigation involving pay for tipped employees continues to vex employers in the hospitality industry. Many of these cases involve varying interpretations of the Fair Labor Standards Act’s...more
A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
Employers with operations in Pennsylvania may want to take note of significant changes in the pipeline to the state’s wage and hour rules. Specifically, on June 23, 2018, the Pennsylvania Department of Labor and Industry (PA...more
Last year, the U.S. Department of Labor’s Wage and Hour Division announced its intent to again issue opinion letters in response to wage payment questions posed to the agency by employers and employees. Last month, DOL...more
On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide range of topics under the Fair Labor Standards Act (FLSA). The former acting administrator of the DOL’s...more
Over the last few years, several federal courts—and, most recently last month, another appellate court—rejected the Obama administration’s mandatory six-prong test for whether someone can properly be classified as an unpaid...more
Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more
On December 5, 2017, the U.S. Department of Labor (DOL) published its Notice of Proposed Rulemaking (NPRM) to reverse the Obama Administration’s tip rule prohibiting the distribution of tips to anyone other than the...more
A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more
The U.S. Court of Appeals for the Fifth Circuit has granted a motion filed by the U.S. Department of Labor (DOL) to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal...more
On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more