The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more
1/16/2025
/ Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour ,
White-Collar Exemptions
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more
11/22/2024
/ Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Oral Argument ,
Over-Time ,
Preponderance of the Evidence ,
Standard of Proof ,
Wage and Hour
As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more
10/4/2024
/ Advance Notice ,
Bonuses ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more
8/9/2024
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Oral Argument ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
7/5/2024
/ Burden of Proof ,
Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Job Descriptions ,
Job Duties ,
Minimum Wage ,
Misclassification ,
Outside Sales Exemption (OSE) ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour ,
White-Collar Exemptions
The New Jersey Supreme Court just agreed to review whether the “good faith” defense is available to employers that rely upon determinations made by employees of the New Jersey Department of Labor and Workforce Development. In...more
It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more
10/7/2017
/ Appeals ,
Class Action ,
DACA ,
Dear Colleague Letter ,
Delivery Drivers ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Gig Economy ,
Google ,
GrubHub ,
Hurricane Irma ,
Janus v AFSCME ,
Misclassification ,
Obama Administration ,
OFCCP ,
Over-Time ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Public Sector Unions ,
Rescission ,
SCOTUS ,
Secretary of Labor ,
Sexual Assault ,
Shop Fee Arrangements ,
Title IX ,
Travel Ban ,
Trump Administration ,
White-Collar Exemptions