Pointing to climate change and the number of workplace deaths, injuries and illnesses tied to excessive temperatures, the Biden Administration today announced more regulatory and enforcement efforts aimed at workplace heat...more
The day-rate tool pusher earning $963.00 per day is not exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) – in other words, he or she is entitled to overtime pay. So holds the Fifth Circuit. ...more
As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be...more
10/30/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Final Rules ,
Independent Contractors ,
Joe Biden ,
Labor Relations ,
NLRB ,
OFCCP ,
OSHA ,
Paycheck Fairness Act ,
Presidential Elections ,
Proposed Rules ,
Union Organizers ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
December 12, the Department of Labor filed a Final Rule clarifying the types of benefits that must be included in the “regular rate of pay.” Under the Fair Labor Standards Act (FLSA), employers must pay workers at least the...more
12/13/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more
5/21/2018
/ Burden of Proof ,
Commercial Truck Drivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Motor Carrier Act ,
Motor Carriers ,
Motor Vehicles ,
Navarro v Encino Motorcars ,
Over-Time ,
Technical Corrections Act ,
Trucking Industry ,
Wage and Hour
On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking...more
9/9/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Late yesterday Judge Mazzant of the Eastern District of Texas issued a temporary, nationwide injunction blocking implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations. The regulations,...more
11/23/2016
/ Balance of Harships ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Imminent Harm ,
Lack of Authority ,
Likelihood of Success ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Public Interest ,
Wage and Hour ,
White-Collar Exemptions
As an important reminder, the Department of Labor (DOL) minimum salary levels for the white-collar exemptions increase effective December 1, 2016. ...more
11/16/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Executive Order 13665 & Pay Transparency Regulations Effective Now -
Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract...more
1/13/2016
/ Department of Labor (DOL) ,
Disabilities ,
Equal Pay ,
Executive Orders ,
Federal Contractors ,
Minimum Wage ,
OFCCP ,
Pay Secrecy ,
Pay Transparency ,
Posting Requirements ,
Sick Leave ,
Veterans ,
VETS 4212 ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more
10/15/2013
/ Department of Labor (DOL) ,
DOMA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Fifth Amendment ,
IRS ,
Same-Sex Marriage ,
SCOTUS ,
US v Windsor