In a major win for the Department of Labor, a federal appeals court just ruled that the agency has the power to set a salary basis floor in order for workers to be considered exempt from overtime pay. Yesterday’s ruling from...more
The State of Texas as an employer will not have to comply with Monday’s new exempt salary threshold for the so-called “white-collar” exemptions because of a court order issued late on Friday. But the ruling is limited: Texas...more
Many employers are scrambling to comply with the Labor Department’s new salary threshold for employees who are exempt from overtime pay under the white-collar exemptions. As the July 1 deadline for phase one rapidly...more
As the first compliance deadline rapidly approaches, employers should closely track a new lawsuit filed earlier this week that challenges the federal overtime rule. A coalition of business groups claims the Labor Department...more
When employers implement arbitration programs, they expect employees to file covered claims in arbitration – but employees often file those claims in court anyway. So, when an employee brings a claim to the courthouse that is...more
Millions of additional workers will soon be eligible for overtime pay thanks to the Labor Department’s new salary threshold for certain exempt employees – which raises the rate higher than initially anticipated. Employers...more
An appeals court just ruled that pizza companies do not need to use the Internal Revenue Service’s standard mileage rate when reimbursing their delivery drivers for the actual costs of using their vehicles for work. In...more
More of your employees may be eligible for overtime pay under a new rule that is likely to be finalized in April and could take effect soon. As proposed in August, the Labor Department intends to significantly raise the...more
Businesses will soon find it harder to classify workers as independent contractors thanks to key changes made by the U.S. Department of Labor (DOL) today. The Biden administration officially rescinded a rule that made it...more
1/10/2024
/ ABC Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
New Rules ,
Wage and Hour
If your workplace is anything like most others, your team probably dreads the annual performance review process. Employees don’t like receiving reviews and managers don’t like conducting them. In fact, only 26% of North...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
Colleges ,
Construction Industry ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
E-Verify ,
Educational Institutions ,
EEO-1 ,
Electronic Records ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Highly Compensated Employees ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
International Labor Laws ,
Joint Employers ,
Jury Verdicts ,
L-1 Visas ,
Labor Reform ,
Labor Relations ,
Labor Shortage ,
Manufacturing Employers ,
Mergers ,
Mexico ,
Name and Likeness ,
New Legislation ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Over-Time ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Payroll Taxes ,
Privacy Laws ,
Professional Employer Organization ,
Proposed Rules ,
Recordkeeping Requirements ,
Recruitment Policies ,
Remote Working ,
Reporting Requirements ,
Restaurant Industry ,
Restrictive Covenants ,
Retirement Plan ,
Salaried Employees ,
Scheduling Letters ,
School Districts ,
School Policies ,
SCOTUS ,
SECURE Act ,
Severance Agreements ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
State of Emergency ,
Student Athletes ,
Student Loans ,
Students ,
Tip Credit ,
Title IX ,
Trade Secrets ,
Transgender ,
Union Organizers ,
Unions ,
Universities ,
USCIS ,
Wage and Hour ,
Workplace Safety ,
Workplace Violence
Although a government shutdown was averted in September, the stopgap funding bill lasts only through November 17 – meaning that the federal government will shut down if Congress cannot reach an agreement by then. How will...more
If Congress cannot approve a budget by October 1, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide lessons on what...more
Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees...more
As employers strive to create inclusive and compliant workplaces, you should note that using an employee’s requested pronouns not only conveys respect but also helps you stay in compliance with anti-discrimination laws. In...more
5/8/2023
/ Anti-Discrimination Policies ,
Best Practices ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
5/1/2023
/ Artificial Intelligence ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mental Health ,
NLRB ,
OFCCP ,
OSHA ,
SCOTUS
Lawmakers recently introduced a bill that would immediately raise the exempt salary threshold for so-called “white-collar” workers to $45,000 a year. The proposed legislation would then apply a series of annual hikes through...more
The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage...more
3/14/2023
/ Business Operations ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Labor Relations ,
Layoffs ,
Liquidity ,
Notice Requirements ,
Unemployment Benefits ,
Wage and Hour
“For too long, workers have been getting stiffed. But not anymore. We’re beginning to restore the dignity of work.” With these words, spoken by President Biden midway through his State of the Union address Tuesday night,...more
2/10/2023
/ Biden Administration ,
Employee Benefits ,
Hiring & Firing ,
Immigration Reform ,
Labor Reform ,
Labor Relations ,
Medical Leave ,
Minimum Wage ,
Non-Compete Agreements ,
Paid Leave ,
State of the Union ,
Wage and Hour
When the US Department of Labor’s Wage and Hour Division published a Final Rule on the regular rate in late 2019, it gave employers the freedom to more easily offer perks and benefits to their employees without running afoul...more
1/4/2023
/ Bonuses ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Contributions ,
Fair Labor Standards Act (FLSA) ,
Gifts ,
Holiday Pay ,
Look-Back Measurement Period ,
Over-Time ,
Premium Pay ,
Profit Sharing ,
Rate of Pay ,
Stock Options ,
Tipped Employees ,
Vacation Pay ,
Wage and Hour
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...more
1/3/2023
/ Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
Privacy Laws ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
An unfortunate result of the current state of economic uncertainty is that many employers have begun to consider reductions-in-force or other layoffs. However, you need to ensure you carry out any RIFs or layoffs correctly if...more
As you plan your 2023 budgets, you may want to account for a potential increase in the exempt salary threshold under an anticipated new federal overtime rule. The Department of Labor (DOL) initially aimed to release the...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The COVID-19 pandemic altered where our employees work, with many businesses shifting to full-time remote work or hybrid models that allow employees to split their time between home and the office. But this seismic shift...more