The U.S. Department of Labor announced its final rule setting a new salary threshold for the “white collar” (executive, administrative, and professional) overtime exemptions. As of January 1, 2020, employees in these...more
What happened to the Obama administration’s proposed new rule on employee eligibility for overtime pay? Seven months into the Trump administration, do we know what to expect? Recent events provide some clarity on these...more
Judge Amos Mazzant, the President Obama-appointed federal judge sitting in the U.S. District Court for the Eastern District of Texas, issued a decision on November 22, 2016, granting an emergency injunction against the United...more
It’s September 6, the day after Labor Day, symbolically the end of summer, traditionally the first day of school, and psychologically the beginning of the homestretch of the year.
It’s also 85 days until December 1,...more
It’s September 6, the day after Labor Day, symbolically the end of summer, traditionally the first day of school, and psychologically the beginning of the homestretch on the year....more
9/6/2016
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael...more
A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more
9/8/2015
/ Bargaining Power ,
Confidential Information ,
Dismissal With Prejudice ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Low-Wage Workers ,
Rule 41 ,
SCOTUS ,
Settlement Agreements ,
Wage and Hour
When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more
8/24/2015
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Popular ,
Uber ,
Wage and Hour
Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more
With summer fast approaching, it seems a good time to brush up on the topic of summer internships. Plenty of high school and college students – even recent college graduates – would be grateful for the opportunity to learn...more
President Obama announced this week that he is directing the Secretary of Labor to “modernize and streamline” existing overtime regulations under the Fair Labor Standards Act. He characterized the current regulations as...more