News & Analysis as of

Human Resources Professionals Employer Liability Issues Fair Labor Standards Act (FLSA)

Lathrop GPM

[Event] Employment & Labor Law Seminar - Kansas City Area - October 1st, Overland Park, KS

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Join us for Lathrop GPM’s annual Employment and Labor Law Seminar, once again offered in two locations – Kansas City on Tuesday, October 1 and Minneapolis on Wednesday, October 23. The full-day seminar will address current...more

Miller & Martin PLLC

Step One of the DOL Final Rule Increasing FLSA Exemption Salary Thresholds Is Now in Effect

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As our prior legal alert detailed, the Wage and Hour Division of the Department of Labor on April 23, 2024 announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”)...more

Dentons

Employers Must Observe Strict Hour Restrictions for Young Teens or Face Steep Penalties

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Businesses employing young teens should ensure compliance with strict work-hour limits or face significant fines from the US Department of Labor (“DOL”) under the Fair Labor Standards Act (“FLSA”) and its implementing...more

Winthrop & Weinstine, P.A.

Navigating the New DOL Rule on FLSA Overtime Exemptions: What Employers Need to Know

Effective July 1, 2024, the U.S. Department of Labor’s (“DOL’s”) final rule on salary minimums for exempt employees (the “Overtime Rule”) under the Fair Labor Standards Act (“FLSA”) has come into effect.  This rule applies to...more

Stoel Rives - World of Employment

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees.  Read more below for further updates....more

Sands Anderson PC

DOL Finalizes Rule Increasing Salary Requirements for Overtime Exempt Employees

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The U.S. Department of Labor announced its anticipated Final Rule increasing the salary threshold level needed for employees to be exempt from overtime requirements under the Fair Labor Standards Act....more

Winthrop & Weinstine, P.A.

Independent Contractors Revisited: Frequently Asked Questions About the Department of Labor's New Final Rule for Worker...

On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA)....more

Cranfill Sumner LLP

Let’s Work It Out: U.S. Department of Labor Finalizes Rule for Independent Contractor Status – Takes Effect March 11

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This past week, the U.S. Department of Labor (DOL) issued a final rule for the classification of workers as employees or independent contractors.  The changes in regulations pertaining to the Fair Labor Standards Act (FLSA)...more

Brownstein Hyatt Farber Schreck

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Brownstein Hyatt Farber Schreck

DOL’s Proposal to Expand Overtime Eligibility Offers Unique Opportunity to Employers

The U.S. Department of Labor (“DOL”) recently announced a proposal to revise the Fair Labor Standards Act (“FLSA”) regulations to, among other things, make an additional 3.6 million employees eligible to receive overtime by...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

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The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Dentons

Wage Hour – Designed for the 1920s, Applied in the 21st Century

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The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by the base requirements of the Act. This includes being paid minimum wage for every hour worked and time and one-half for all...more

Poyner Spruill LLP

PTO Is Not Part of Salary According to Third Circuit Court of Appeals

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Paid time off (PTO) is not part of an exempt employee’s salary under the Fair Labor Standards Act (FLSA) according to the Third Circuit Court of Appeals. This means employers can deduct PTO from exempt employees for...more

Burns & Levinson LLP

SCOTUS on Salaried Employees and Overtime Pay

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In Helix Energy Solutions Group, Inc. v. Hewitt, a 6-3 decision issued on February 22, 2023, the United States Supreme Court decided what “salary” means for purposes of applying the regulations exempting highly compensated...more

Stoel Rives - World of Employment

Oregon Supreme Court Rules That Oregon Law Follows Federal Definition of “Work Time.”

In a recent decision titled Buero v. Amazon.com Services, Inc.­­, 370 Or. 502 (2022),  the Oregon Supreme Court ruled that Oregon’s wage and hour law uses the same definition of “work time” as the federal Fair Labor Standards...more

Woods Rogers

HR Challenges to Managing Remote Workers 

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Whether the pandemic is actually over or we all just lost patience with it, it appears that society has largely returned to normal. Virtual events are giving way to in-person gatherings yet again, with most people delighting...more

Poyner Spruill LLP

Can You Pay Your Workers in Chicken Nuggets?

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On July 26, 2022, a Chick-fil-A franchise in Hendersonville, NC put up a Facebook post saying, “We are looking for volunteers for our new Drive Thru Express! Earn 5 free entrees per shift (1 hr) worked. Message us for...more

Akerman LLP - HR Defense

Prepare NOW to Manage Your Workforce Through a Cyberattack

It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

BakerHostetler

[Ongoing Program] Handbooks and Policies - The Re-Emerging Breeding Ground for Unfair Labor Practices and Other Employment Claims...

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

BakerHostetler

[Ongoing Program] Wage and Hour: What Has Changed and What to Watch - March 15th, 2:00 pm - 3:00 pm ET

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Downs Rachlin Martin PLLC

Top 10 Reasons Why Remote Work Can Be Complicated

While there are many benefits to working from home, there are also a number of important things to remember when you have remote employees or if you are trying to implement a hybrid work solution.  We thought this list would...more

Stoel Rives - World of Employment

Minimum Wage Increase and Updated Workplace Posters

It’s that time of year to prepare for minimum wage increases and update workplace posters.  Beginning July 1, minimum wage rates throughout Oregon increase, to $13.25 for Portland Metro, $11.50 for Nonurban Counties, and...more

PilieroMazza PLLC

Restaurants are Prime Targets for FLSA Lawsuits: 6 Tips for Employers Relying on the Tip Credit

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The COVID-19 pandemic has been particularly difficult for the food and beverage industry.  With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most...more

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