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Regulatory Agenda Of Trump Administration Indicates Significant DOL Changes

by Fox Rothschild LLP on

The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of these changes to come. The agency...more

Fifth Circuit Weighs in on Motor Carrier Act Overtime Exemption and Small Vehicle Exception

by Littler on

It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more

Washington Court Denies Plaintiffs’ Motion for Summary Judgment on Various Overtime Issues

by BakerHostetler on

Overconfidence won’t overcome questions of fact - Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New...more

Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program

by K&L Gates LLP on

In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division...more

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

by Fisher Phillips on

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 were an unprecedented number of changes all through 2017. And if the first four months...more

DOL Launches “PAID” Program To Resolve Wage Violations

Workers want to get paid, and the U.S. Department of Labor (DOL) is offering a new way to help make sure they do. The DOL’s Wage and Hour Division (WHD) recently launched the Payroll Audit Independent Determination (PAID)...more

Supreme Court Introduces “Fair” Reading Of FLSA Exemptions

by Fisher Phillips on

If you’re not an auto dealer and you missed last month’s Supreme Court decision in Encino Motorcars, LLC v. Navarro, we forgive you. After all, a ruling on the correct application of the “salesman” exemption to service...more

Don’t Forget About Minimum Wage And Recordkeeping!

by Fisher Phillips on

No doubt last month’s Navarro ruling in the Supreme Court was a big win for retail automotive. That decision affirmed that the same federal overtime exemption that applies to a “salesman, partsman, and mechanic” also applies...more

Early thoughts on this Supreme Court term

by McNair Law Firm, P.A. on

We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more

What's On The Feds' Regulatory Agenda

It's all pretty good news for employers. On Wednesday, the federal government issued its 2018 unified regulatory agenda, and the following items will be especially noteworthy to most employers:-...more

A Full Plate for USDOL in 2018

by Fisher Phillips on

The latest regulatory agenda shows four wage-hour items on the U.S. Labor Department's (USDOL) plate. In addition to revisiting the federal Fair Labor Standards Act's (FLSA) white-collar exemptions and tips-related...more

Window On Washington - Vol. 2, Issue 18

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - They’re Back. Congress returns today for a busy three weeks until the Memorial Day recess....more

DOL Issues Fact Sheet on Common Higher Education Positions

On April 12, 2018, the DOL released a new Fact Sheet relating to overtime pay at higher education institutions. The Fact Sheet confirms what many institutions viewed as a grey area—whether faculty teaching online or remotely...more

Establishing FLSA-Compliant Practices In The Home Companionship And Home Care Industry

by Fisher Phillips on

It is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...more

Oil & Gas Industry Is Next Target for Independent Contractor Compliance Misclassification Lawsuits

by Locke Lord LLP on

A cottage industry for plaintiffs’ class action lawyers has been independent contractor (IC) misclassification lawsuits, and one of the industries taking the brunt of those types of legal proceedings is energy, particularly...more

U.S. Supreme Court Rejects Narrow Construction of FLSA Exemptions, Exempts Auto Service Advisors from Federal Overtime...

by Clark Hill PLC on

The United States Supreme Court has recently ruled that service advisors at car dealerships are exempt from the overtime pay requirements of the federal Fair Labor Standards Act (FLSA), clarifying an issue that has gone back...more

Working Wise: How the Supreme Court’s New Overtime Decision May Impact the Future of FLSA Exemptions

by K&L Gates LLP on

In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of...more

Pennsylvania Court Rejects Fluctuating Workweek Method of Calculating of Overtime

by Fisher Phillips on

Last month, the Pennsylvania Superior Court weighed in on its position regarding overtime calculation under the “fluctuating workweek” method. The Court affirmed that the use of this method to determine the amount of overtime...more

Employment Law Reporter May 2018: No Good Deed Goes Unpunished – California Supreme Court Decision May Change the Way Employers...

by Ervin Cohen & Jessup LLP on

California is a difficult landscape for employers, and last month, the California Supreme Court made that landscape all the more difficult. In a case called Alvarado v. Dart Container Corp., the California Supreme Court...more

The Final Word: Service Advisors Are Exempt From Federal Overtime Laws

by Fisher Phillips on

It’s finally over; we can now say definitively that service advisors employed by automobile dealerships are exempt from federal overtime requirements. If you haven’t been following this story ... what have you been...more

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

I Want To Dock My Employee’s Wages Because She Broke Her Laptop – Okay?

by Foley & Lardner LLP on

The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation?...more

Labor & Employment E-Note - April 2018

by Burr & Forman on

On April 2, the United States Supreme Court ruled in Encino Motorcars, LLC v. Navarro that automotive service advisers are exempt from overtime pay requirements under the FLSA. In its 5-4 decision authored by Justice Clarence...more

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

by Littler on

It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

California Wage and Hour, and Overtime Laws Apply to Offshore Drilling Facilities

On April 27, the U.S. Court of Appeals for the Ninth Circuit denied the request for an en banc rehearing in the case of Newton v. Parker Drilling Mgmt. Serv., Ltd. that was decided on February 5, 2018. In that decision, the...more

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