Glue is an object commonly found in schools, yet the “glue” that binds class action commonality appears to be a scarce commodity for students with disabilities and their parents. In September 2024, the Fourth Circuit decided...more
On Friday, Nov. 15, a federal judge in Texas struck down the U.S. Department of Labor’s 2024 rule regarding salary minimums for exemptions from minimum wage and overtime requirements under the Fair Labor Standards Act that...more
11/21/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On Sept. 11, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s longstanding practice of using salary levels to determine overtime pay eligibility. Since 1938, the Fair Labor Standards Act has...more
On Aug. 23, the Fifth Circuit Court of Appeals invalidated the DOL’s 2021 rule on tip credits under the Fair Labor Standards Act. While the tip credit lives on, the Fifth Circuit’s ruling simplifies compliance for many...more
In April, the Federal Trade Commission implemented its Final Rule, which bans all existing and new non-compete agreements for most workers. The FTC’s Final Rule is scheduled to go into effect on Sept. 4....more
Employers beware: you could be liable for allowing third-party vendors to use applicant screening software if it results in unlawful discrimination, even when unintentional and without your awareness. Employers who turn to...more
Here we go again – except this time, it’s final. For now. On July 1, the U.S. Department of Labor’s final rule increasing the standard salary threshold for overtime exemption went into effect. This rule, released on April 23,...more
7/5/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
On April 15, the Equal Employment Opportunity Commission issued its final rule implementing the Pregnant Workers Fairness Act. The PWFA requires employers to provide pregnant workers or workers who have known limitations...more
On April 29, the Equal Employment Opportunity Commission issued new, modernized guidance on workplace harassment prevention and intervention. EEOC guidance materials such as these are not themselves the law. However, the EEOC...more
On April 17, the U.S. Supreme Court unanimously confirmed that private employers can be liable for changing an employee’s working terms and conditions because of race or another protected status, even if the changes do not...more
Here we go again — maybe. On April 23, the U.S. Department of Labor announced a final rule that — if it sticks this time — will increase the standard salary threshold for overtime exemptions, thereby extending overtime...more