Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive? The answer is, generally,...more
Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In...more
9/5/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Lack of Authority ,
Minimum Salary ,
Mootness ,
Motion To Intervene ,
Over-Time ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults. In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a...more
Ohio just passed a new law that could begin a trend favorable to employers. The new law allows Ohio’s Civil Rights Commission, in its discretion, to award attorneys’ fees and costs to employers who are found not to have...more
Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more
1/6/2017
/ Appeals ,
Congressional Intent ,
Congressional Review Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Lack of Authority ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Standard Duties Test ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
In a ruling announced yesterday, a federal judge in Texas has halted nationwide the effectiveness of the new salary level required to be paid by employers to those employees who are exempt from overtime. This alert will...more
A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more
11/17/2016
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Arbitrators ,
Hiring & Firing ,
NLRA ,
NLRB ,
Race Discrimination ,
Racist Remarks ,
Replacement Workers ,
Reversal ,
Right to Picket ,
Strike ,
Unions