On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly...more
The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more
The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white-collar and highly compensated exemptions....more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
Despite the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act on March 3, arbitration remains a viable option for disputes outside the act’s purview. Several recent and pending legal...more
Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more
In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more
2/3/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Notice Requirements ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
In a ruling with significance for businesses using independent contractors, the National Labor Relations Board has reaffirmed that entrepreneurial opportunity is a significant factor in weighing independent contractor status....more
The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more
The DOL’s withdrawal of two Administrator’s Interpretations likely is a harbinger of further changes to administrative agency enforcement posture under the new administration....more
Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more
12/19/2016
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Proposed Amendments ,
Wage and Hour ,
Wages ,
White-Collar Exemptions
The regulations were scheduled to go into effect on December 1.
On November 22, a judge from the US District Court for the Eastern District of Texas issued an order enjoining, on a national basis, all but a few parts of...more
Governor Cuomo signs legislation enacting comprehensive paid family leave policy and minimum wage increases.
NEW YORK PAID FAMILY LEAVE PROGRAM -
On April 4, New York Governor Andrew Cuomo signed legislation that...more
The position could expose more putative employers to potential liability under the Fair Labor Standards Act.
In an Administrator’s Interpretation (AI) issued on January 20, the US Department of Labor’s (DOL’s) Wage and...more
The DOL’s new interpretation of the FLSA test for classification purports to eliminate independent contractor status for most workers and broadly expand the FLSA’s coverage.
On July 15, David Weil, the Administrator for...more
The Second Circuit’s ruling provides employers with greater leeway for unpaid internship programs and a stronger defense for class-action lawsuits brought by unpaid interns.
In a long-awaited decision, the US Court of...more
Employers should consider these recommendations for handling uniform purchase and maintenance costs, unpaid interns, and minimum wage requirements.
UNIFORM PURCHASE AND MAINTENANCE COSTS
Problem/Issue
Employees...more
The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations.
...more