As covered in our April 2024 blog and client alert, the US Department of Labor has unveiled a new rule, substantially increasing the salary threshold for exemptions to mandatory time-and-a-half overtime, that is set to take...more
6/25/2024
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Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Litigation ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
This fall, employers may be faced with tough choices about how to handle overtime pay – at least, if the US Department of Labor (“DOL”) has its way. Today, the DOL announced a notice of proposed rulemaking that would make it...more
After only a few days in the White House, President Joe Biden and Vice President Kamala Harris have already made notable changes to the leadership of federal agencies that administer the nation’s labor and employment...more
2/3/2021
/ Biden Administration ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Union Organizers ,
Unions ,
Wage and Hour ,
Webinars
The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years. Indeed,...more
The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more
6/6/2019
/ Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Uber ,
Unfair Labor Practices ,
Wage and Hour
Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more
5/10/2019
/ Amazon ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Human Resources Professionals ,
Protected Activity ,
Protected Class ,
Protected Concerted Activity ,
Retaliation ,
Wage and Hour
As previously covered by HR Legalist, a federal court recently revived the EEOC’s expansion of the annual EEO-1 reporting requirement for employers, which was originally proposed in 2016. Due to the court’s ruling, employers...more
On March 7, 2019, the U.S. Department of Labor, Wage and Hour Division announced a long-expected change to the salary threshold for exemptions to mandatory overtime under the Fair Labor Standards Act (“FLSA”). The new...more
On February 19, 2019, New Jersey Governor Phil Murphy signed a new bill that significantly expands paid family leave in New Jersey. The new law (A3975) modifies two existing New Jersey laws to make them more...more
On Monday, February 4, 2019, New Jersey Governor Phil Murphy signed a bill increasing the minimum wage in New Jersey to $15 per hour by the year 2024. The bill (A15/S15) would increase the current statewide minimum wage of...more
Each New Year brings new laws, including employment laws and regulations that companies need to consider before the ball drops. In 2019, employers may see a few changes at the federal level, but most changes will be at the...more
12/28/2018
/ Call-In Pay ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
Earlier this year, HR Legalist posted a blog entry about the New Jersey Earned Sick Leave Law. This new law (full text available here) takes effect on October 29, 2018 and requires most private sector employers in New Jersey...more
Earlier this year, New Jersey Governor Phil Murphy passed landmark equal pay legislation, which will take effect on July 1, 2018 and impact employers statewide. The Diane B. Allen Equal Pay Act (Act), expands employee...more
On May 3, 2018, New Jersey became the tenth state to require employers to provide their employees with paid sick leave. The new legislation, which will go into effect on October 29, 2018, preempts existing paid sick leave...more
The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful...more
The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more
On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor...more
9/5/2017
/ Appeals ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Preliminary Injunctions ,
Rulemaking Process ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
The end of August marks the beginning of the yearly “back to school” ritual. Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick...more
For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more
7/13/2017
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
OMB ,
Over-Time ,
Preliminary Injunctions ,
Rulemaking Process ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
In a Department of Labor news release yesterday, new U.S. Secretary of Labor Alexander Acosta announced the withdrawal of two Obama-era Administrator Interpretations, effectively rolling back the scope of the Fair Labor...more
During the Obama administration, federal agencies enacted wage and hour regulations that tended to favor employees, even while the federal minimum wage remained unchanged. State and local governments also played a role,...more
It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential...more
11/21/2016
/ Affordable Care Act ,
Arbitration Agreements ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Sexual Orientation Discrimination ,
Sick Leave ,
Trump Administration ,
Wage and Hour
With the federal minimum wage stalled at $7.25 since 2009, HR Legalist has been tracking several developments to wage and hour law on both the federal level (via the pending overtime rule change recently reported by HR...more
Since March of 2014, HR Legalist has been tracking a big change to the federal overtime rules. When the preliminary rule was announced last July, the Department of Labor (“DOL”) made it clear that the exemption rules would...more