Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement.
On August 30, 2023, the U.S. Department of Labor (DOL)...more
Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more
On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more
3/7/2023
/ Audits ,
Compensation ,
Compliance ,
Day Laborers ,
Department of Labor (DOL) ,
Employee Definition ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Independent Contractors ,
Over-Time ,
Proposed Rules ,
SCOTUS ,
Unpaid Overtime ,
Wage and Hour
When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more
7/19/2022
/ Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Illegal Conduct ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retaliation ,
Settlement ,
Severance Agreements ,
Sexual Assault ,
State Labor Laws ,
Wage and Hour
On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more
On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues.
Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, expands the scope of individuals who are eligible for unemployment benefits, including those who are “furloughed”...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) published additional Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 26, 2020, which address some of the open issues regarding the...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first set of guidance for employees and employers on the Families First Coronavirus Response Act (FFCRA) just before midnight on March Tuesday, March...more
A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more
2/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Wage and Hour
We previously reported on the San Antonio sick leave ordinance that was to become effective August 1, 2019. City of San Antonio employers now have four extra months to comply. On July 24, 2019, district judge Sol Casseb...more
Austin, San Antonio and now Dallas have joined an ever-growing number of American cities passing paid sick leave ordinances. Though Austin was the first to adopt such an ordinance, in November 2018 Texas’ Third Court of...more
On April 29, 2019, the Department of Labor issued an opinion letter FLSA2019-6. In fall 2018, several employer groups sought clarification from the DOL on worker classification as employees versus independent contractors. In...more
4/30/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
IRS ,
Misclassification ,
Multi-Factor Test ,
Opinion Letter ,
Wage and Hour ,
Withholding Requirements
On March 7, 2019, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) that would increase the minimum salaried basis threshold required to be paid to employees under the white collar exemptions (e.g.,...more