As anticipated, the U.S. Department of Labor (DOL) published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA) yesterday, April 23, 2024. The new rule...more
Discourse in the workplace can create division among employees, particularly political discussions in an election year. Employers may have well-meaning intentions to curb divisive topics, but it is important to understand how...more
We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their...more
It is widely known that employers are prohibited from retaliating against employees for engaging in "protected activity." But what is "protected activity?" Unfortunately, the definition of "protected activity" varies widely...more
On April 27, 2021, President Biden signed an Executive Order requiring federal contractors to pay a $15 minimum wage to workers on federal contracts by March 30, 2022. After 2022, the minimum wage will be indexed to adjust...more
On January 6, 2021, the Department of Labor (DOL) announced a final rule clarifying the standard for classifying a worker as an independent contractor under the Fair Labor Standards Act (FLSA). This final rule adopts the...more
Justice Ruth Bader Ginsburg was well-known for her decisions (albeit mostly dissents) advocating for employees and employee rights. Consequently, there is a lot of speculation about the impact of Justice Ginsburg's...more
Baker Donelson attorney Jenna Bedsole wears many hats. She is a shareholder in our Birmingham office, Practice Group Leader for the Firm's Labor & Employment Group, wife and mother to two daughters and filmmaker. Jenna became...more
There is a Jewish teaching that says that those who die just before the Jewish New Year (Rosh Hashanah) are the ones God has held back until the last moment because they were needed most and were the most righteous. And so it...more
For this issue's Baker's Dozen, we asked our attorneys, "What do you do to decompress or 'breathe' during this difficult time?" 1. I do a few things to breathe these days: Spend as much time as possible with my family doing...more
We have all been facing historically unprecedented times as so many challenges and pressures have converged in 2020. Everyone has been impacted in some manner and one thing that everyone has struggled with is how to remain...more
Self-care is not self-indulgence. Self-care is self-respect. In a busy world of work, family, community, charitable, religious, etc. responsibilities, we are pulled in so many directions....more
Although the Equal Pay Act (EPA) was enacted 56 years ago, pay (in)equity is still one of the leading human resource and employment-related legal concerns today. While there has been progress in narrowing the pay gap, women...more
The U.S. Department of Labor's (DOL) highly anticipated changes to the overtime provisions of the federal Fair Labor Standards Act (FLSA) were published on Thursday, March 7, 2019 ("proposed Overtime Rule"). ...more
Two words: Me Too. This hashtag has come to represent so much more than "it also happened to me." The #MeToo movement is a calling, an indictment of years of silence, inequality and mistreatment....more
The number of prominent men accused of sexual harassment in recent months is staggering: Mario Batali. Matt Lauer. Roy Moore. Roger Ailes. Al Franken. Harvey Weinstein. Kevin Spacey. While politicians, entertainers, media...more
The Obama administration’s controversial overtime rule is now dead in the water. Yesterday, a Texas federal court ruled in favor of the 55 state and business plaintiffs who challenged the rule and argued that the DOL had...more
Since 2014 when President Barack Obama directed the DOL to “modernize” the overtime law, the new overtime rules were announced, published, revised, published again, finalized, legally challenged and then judicially blocked....more
Although the Trump Administration's Department of Labor (DOL) had been off to a slow and shaky start, Secretary R. Alexander Acosta is wasting no time. Exactly 40 days since his swearing in, yesterday Acosta withdrew the...more
This is a brief update to the court machinations in the DOL’s appeal of the Texas Court’s decision to issue a preliminary injunction barring the implementation of the Final Overtime Rule. That appeal is now before the Court...more
The hospitality industry has arguably endured the most significant impact from the Obama Administration's employment legislation and regulation. From the Affordable Care Act to overtime expansion, to the attacks on the...more
Employers finally have their reprieve. A federal court in the Eastern District of Texas granted a nationwide injunction blocking the enforcement of the FLSA overtime rule. Employers are no longer required to meet the December...more
Employers around the country are busy trying to keep up with the fast and furious rule-making from the Department of Labor. From OSHA reporting requirements, the persuader and fiduciary rules and the new overtime regulations,...more
In this issue:
- Controversial Overtime Rule Comes in For a Landing
- What You Need to Know About Hospitality REITs
- The Legal Implications of Restaurant-Designed House Brand Craft Beers
- FDA Finalizes Revisions...more
After two years of wait, debate and overall angst for employers across the country, the new overtime rules were announced on May 18, 2016, and published in the Federal Register on May 23, 2016. As we discussed in an earlier...more