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"On-Call" Time in Healthcare Settings: What is it? When do you have to pay for it? What if you get it wrong?

You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do. The federal law that undergirds most of what you think you know about how employers have to pay...more

Déjà Vu: Sixth Circuit Court of Appeals Dissolves Stay of OSHA COVID-19 "Emergency Temporary Standard" for Large Employers

Robert F. Kennedy, Jr. observed that democracy is messy and hard. The serial legal battle over COVID-19 and what the federal government can and should make employers do about it illustrates the point. ...more

We’ll See How "Temporary": U.S. Department of Labor Issues New Temporary Rule Interpreting Families First Coronavirus Response Act...

The federal "Families First Coronavirus Response Act of 2020" ("FFCRA" or the "Act") became law on March 18, 2020. It was enacted into law the way in which all federal statutes are: it was adopted by Congress and then...more

Didn’t See That Coming: Unexpected Results of FFCRA Paid-Leave "Temporary" Regulations

The world continues to combat the devastating COVID-19 global pandemic. Many businesses have been forced to lay off and/or furlough untold numbers of valued employees. Still, many employers are able to continue operating, if...more

Thanks for the Tip: U.S. DOL's Proposed Rule and Potential Enhanced Availability of "Tip Pools"

The Fair Labor Standards Act of 1938 ("FLSA"), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would otherwise be due if the workers receive at least a minimum amount per month in the...more

Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch

Employers in agribusiness face the same risks as those in any other business, but perhaps more than most if faced with frequent employee-turnover and employees with little loyalty to those for whom they work....more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of...

On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States Department of Labor ("DOL") from implementing and enforcing its...more

Not So Fast: Texas Judge Stops Department of Labor From Implementing New Overtime Rules on December 1st

The United States District Court for the Eastern District of Texas has granted a preliminary injunction stopping the U.S. Department of Labor ("DOL") from implementing new overtime regulations. The court concluded that the...more

At Long Last: The Department of Labor Issues Final Salary Threshold Rule Effective December 1, 2016

After almost a year of speculation and concern, the U.S. Department of Labor ("DOL") today, May 18, 2016, issued its long-awaited Final Rule on overtime exemptions, making a major change to the minimum salary that an employee...more

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