News & Analysis as of

Fair Labor Standards Act (FLSA) Job Descriptions

Locke Lord LLP

Key Employer Updates for 2024/2025 – ‎Part One in This Series: Offer Letters and Job ‎Descriptions

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As Q4 approaches, many employers are completing 2024 goals and setting 2025 goals, including updating their key employment policies and agreements to ensure they align with ever-evolving federal, state, and local laws and...more

Fisher Phillips

Is Your AI Prompt Engineer Exempt From Overtime Pay? An Employer’s 5-Step Guide to Avoiding Misclassification Mistakes

Fisher Phillips on

As the AI revolution takes hold, employers are hiring for jobs we never imagined just a few years ago. This may leave you in the dark when trying to figure out if your new hires, including Prompt Engineers, will truly meet...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2024?

Fisher Phillips on

FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Bradley Arant Boult Cummings LLP

New Year, New Job Duties? Why It Might Be a Good Time to Update Job Descriptions

Your job descriptions may be more important than you think, and what better time to review and update them than the start of the new year? In this blog, we discuss why job descriptions are important and the things to consider...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2023?

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Woods Rogers

FLSA Lessons from TopGolf: Titles Mean Nothing!

Woods Rogers on

If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor...more

Fisher Phillips

An Ounce of Prevention is Worth a Pound of Cure: How to Conduct an Internal Audit in 7 Steps to Avoid Wage and Hour...

Fisher Phillips on

How confident are you that you have properly classified your employees as exempt under the Fair Labor Standards Act (FLSA), or that your employees’ exempt status has not been affected by COVID-19 workplace changes? Over the...more

Fisher Phillips

6 Questions To Ask To Avoid COVID-19 Wage And Hour Lawsuits

Fisher Phillips on

With well over 175 COVID-19-related employment lawsuits already having been filed nationwide, employers need to keep abreast of ongoing issues that impact the physical and remote workplace. One area where employers need to be...more

Schwabe, Williamson & Wyatt PC

Drafting Legally Sound Job Descriptions

Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more

Akerman LLP - HR Defense

Job Descriptions Can Be Shield or Sword

Job descriptions can be a shield or a sword for employers. In addition to setting clear job expectations, informing candidates of what the job entails, and providing a framework for evaluations, they are often used in...more

Franczek P.C.

DOL Releases Additional Guidance on Dual Jobs for Tipped Employees

Franczek P.C. on

On February 15, 2019, the U.S. Department of Labor issued Field Assistance Bulletin No. 2019-2, providing additional guidance for Wage and Hour Division staff regarding how to apply tip credit rules for employees who perform...more

Seyfarth Shaw LLP

Looking Ahead to Exhibit A: Tips For Drafting Job Descriptions for Exempt Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: Each year, droves of employers are hauled into court to defend lawsuits in which salaried-exempt employees claim that, because of their job duties, they should have been classified as non-exempt and paid...more

Cozen O'Connor

Job Description Mistakes You Don’t Want to Make

Cozen O'Connor on

A good job description can equip an employer with the best possible workforce available. Inaccuracies and oversights, however, can entangle your company in litigation for years. Bethany Salvatore and Bryant Andrews talk us...more

Seyfarth Shaw LLP

Don’t Judge A Conditional Certification Motion By Its Cover

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A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Troutman Pepper

FLSA Implications When Telecommuting Due To Illness

Troutman Pepper on

Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more

BCLP

You’re now an employer… what Startups need to know about Job Descriptions (part 2)

BCLP on

This three-part series highlights the steps startups should take before hiring their first employee. In this Part Two, we’re diving into the drafting of job descriptions and their use in determining whether a position should...more

Seyfarth Shaw LLP

Don’t Judge a Conditional Certification Motion by Its Cover

Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more

Snell & Wilmer

Five Workplace New Year’s Resolutions for 2017

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With the New Year comes the annual tradition of making New Year’s Resolutions—along with the annual tradition of breaking those resolutions by the second week of January. Even if last year’s Christmas tree survived longer...more

Fisher Phillips

Job Descriptions Are Not "Exemption Descriptions"

Fisher Phillips on

Famous last words in the wage-hour Hall of Infamy include, "Let's write the job descriptions to make them exempt." The problem is, job descriptions do not "make" employees exempt. It is essential that employers steer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Retailers Share Struggles and Strategies in Preparing for Overtime Changes

The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22,...more

Foley & Lardner LLP

Is Final Rule on White Collar Exemptions a Hidden Opportunity for Employers?

Foley & Lardner LLP on

It is no secret that last summer the Department of Labor (DOL) proposed substantial amendments to the white collar exemption regulations. Namely, the DOL proposed raising the minimum salary threshold from $23,660 to $50,440...more

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