This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more
Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more
In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. That rule...more
On Monday, August 3, 2020, a New York federal judge struck down four components of the U.S. Department of Labor’s (DOL) regulations that implemented the emergency paid leave provisions of the Families First Coronavirus...more
8/5/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Labor Regulations ,
Paid Leave ,
Paid Time Off (PTO) ,
Required Documentation ,
Sick Leave ,
Wage and Hour
Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more
11/22/2019
/ Appeals ,
Controlled Substances Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Marijuana ,
Marijuana Related Businesses ,
Misclassification ,
Over-Time ,
Salaried Employees ,
Unpaid Wages ,
Wage and Hour
Just as employers have a legal duty to reasonably accommodate employees’ disabilities, they also have an obligation to reasonably accommodate employees’ religious practices. Employers often struggle with determining what is...more
A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to...more
Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more
7/21/2017
/ Administrative Authority ,
Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more
3/25/2016
/ Back Pay ,
Class Action ,
Collective Actions ,
Corporate Counsel ,
Damages ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Liquidated Damages ,
State Law Claims ,
Unpaid Overtime ,
Wage and Hour