The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more
8/2/2017
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Obama Administration ,
Oral Argument ,
Preliminary Injunctions ,
Request For Information ,
Rulemaking Process ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
For the past seven months, employers throughout the country have been wondering what the future would hold with respect to the revised overtime regulations that were supposed to become effective last December and what...more
7/3/2017
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on...more
So what’s the future of the overtime regulations that were supposed to become effective last December, but then got blocked by a federal judge just before Thanksgiving? It appears that we are going to have to wait a while...more
Efforts to fast track the appeal of a nationwide preliminary injunction that prevents the U.S. Department of Labor (DOL) from implementing drastic proposed revisions to federal overtime regulations just got...more
Sixty business associations that oppose the drastic changes to the overtime rules that were proposed by the U.S. Department of Labor (DOL) under the Obama administration have filed an amicus brief with the U.S. Court of...more
A Moving Target: The Not So Final Overtime Rule -
On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more
1/23/2017
/ Collective Bargaining Agreements (CBA) ,
Data Security ,
Department of Labor (DOL) ,
Discrimination ,
e-Discovery ,
Employee Benefits ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Gun Laws ,
Guns-in-Trunks Legislation ,
Information Sharing ,
Joint Employers ,
LGBTQ ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Transgender ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
In a legal brief filed on January 17, 2017, the 21 states that obtained a nationwide preliminary injunction that blocks the U.S. Department of Labor (DOL) from implementing its revisions to overtime rules under the Fair Labor...more
On December 15, 2016, the U.S. Department of Labor (DOL) filed the opening brief in its appeal of a nationwide preliminary injunction that blocks the agency from implementing its revisions to overtime rules under the Fair...more
On December 2, 2016, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking to fast track the DOL’s appeal of a nationwide preliminary injunction that blocks the agency...more
On December 1, 2016, the U.S. Department of Labor (DOL) filed a notice with the U.S. Court of Appeals for the Fifth Circuit announcing its intent to challenge a Texas district court’s issuance of a nationwide preliminary...more
On November 22, 2016, a federal court judge in Texas issued a preliminary injunction that temporarily blocks the U.S. Department of Labor (DOL) from implementing and enforcing its revised white collar overtime regulations on...more
Only three weeks remain until the U.S. Department of Labor’s revised overtime regulations under the Fair Labor Standards Act (FLSA) become effective. With the December 1, 2016, compliance deadline rapidly approaching,...more
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be...more
In preparing for the soon-to-be published revisions to the federal overtime regulations under Part 541 of the Fair Labor Standards Act (FLSA), one of the significant challenges employers face is continuing uncertainty as to...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more
3/16/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Regulation ,
Wage and Hour ,
White-Collar Exemptions
On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more
Time is not on your side if you are an employer who has yet to address the U. S. Department of Labor’s proposed revisions to the Fair Labor Standards Act’s white collar overtime regulations.
The DOL’s proposal was...more
As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more
7/14/2015
/ Bonuses ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Multi-Factor Test ,
Non-Exempt Employees ,
NPRM ,
Proposed Regulation ,
Restaurant Industry ,
Retailers ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more
Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes....more
As 2013 comes to an end, we will consider a number of issues that employers might be facing at the end of the year. In this blog series, we will cover topics such as seasonal hiring, religious discrimination claims stemming...more
11/22/2013
/ At-Will Employment ,
Discrimination ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Holiday Parties ,
Minimum Wage ,
Minors ,
Recordkeeping Requirements ,
Religious Discrimination ,
Seasonal Workers ,
Temporary Employees ,
Wage and Hour
The new head of the U.S. Department of Labor (DOL) will emphasize independent contractor misclassification as a top priority.
Speaking this morning at a panel discussion in Chicago hosted by the American Bar...more
If it walks like a duck, swims like a duck, and quacks like a duck—then you’d better have a pretty good argument if you don’t want the Indiana Supreme Court to call it a “duck.”
The Indiana Supreme Court recently...more