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Finally! U.S. Supreme Court to Weigh in on Title VII LGBTQ+ Protection

Just this morning, the U.S. Supreme Court finally agreed to hear three cases from the circuit courts that split on whether Title VII of the Civil Rights Act of 1964 protects against discrimination in the workplace based on...more

Trifecta! DOL Issues Proposed “Employer-Friendly” Joint Employer Rule

Yesterday, the U.S. Department of Labor (“DOL”) completed the wage and hour trifecta, issuing the third of its critically acclaimed proposed rules—this one redefines (or clarifies, if you prefer) the regulations addressing...more

DOL Pulls Ripcord—Proposed Rule Clarifying “Regular Rate” Parachutes In

Yesterday, as anticipated, the U.S. Department of Labor (“DOL”) released its proposed guidance to clarify the rules regarding what is and is not required to be included in the “regular rate of pay” (“RROP”). Remember, the...more

DOL Drops a Bomb … Err, the New Salary Threshold—$35,308!

Don’t say I didn’t tell you so—you read it right here on Monday: the new Fair Labor Standards Act (“FLSA”) white collar exemption salary threshold was just about to hit the street. And, guess what?...more

More “Leaks” from D.C.? New DOL Salary Threshold = $35,000?

As I previously reported in mid-January, the U.S. Department of Labor’s (“DOL”) long-awaited, updated proposal setting a new salary threshold for the Fair Labor Standards Act’s (“FLSA”) white collar exemptions finally made...more

Hold onto Your Hats! DOL Sends “Regular Rate” Rule for Review

On January 23, 2019, the Department of Labor (“DOL”) passed along another potential bombshell rule (see our prior post here on the white collar exemption salary threshold rule that’s also currently under review) to the White...more

It’s Back!! New DOL Salary Threshold Rule Is on the Doorstep!

Just when you thought it was safe to go back in the water, the U.S. Department of Labor (“DOL”) reappears to address an issue that has most American employers on edge: How far will it expand the scope of who is eligible for...more

PA Raising Salary Threshold for White Collar Exemptions—Déjà Vu All Over Again … or Worse?

Here we go again, Pennsylvania employers, but this time on the local front, rather than nationally. Following up on Governor Wolf’s announcement in January that Pennsylvania needed to “modernize” its outdated wage and hour...more

Blank Rome Alert—Gig Economy More Employer-Friendly? Ask Uber!

Spoiler alert! Yesterday, the U.S. District Court for the Eastern District of Pennsylvania handed Uber what the Court described as Uber’s first win on its independent contractor classification for one class of its drivers:...more

DOL Gets “Cute” with New Compliance Guidance … Animated Videos

The U.S. Department of Labor (“DOL”) has been trumpeting its “new” focus—with the incoming Trump administration—on “educating” employers to improve compliance. The latest effort by the DOL involves newly created, short...more

DOL Bends Slightly More toward Employers—Self-Audits (Via Pilot Program) Are Back!

No one questions the incredibly complex and nuanced web of wage and hour regulations that the U.S. Department of Labor (“DOL”) has laid down over the last 80 or so years as guidance under the Fair Labor Standards Act...more

Just When You Thought It Was Safe to Go Back in the Water: PA Takes Charge—Raising White Collar Exemption Salary Threshold

Proclaiming it an effort to strengthen the middle class in Pennsylvania, Governor Tom Wolf announced this week a proposal to modernize the Commonwealth’s outdated overtime rules to increase pay for nearly a half million...more

NLRB Chairman Miscimarra’s Last Stand – Bye-Bye “Micro Units”

Well, I was wrong. In my last post, I said that it looked like the “quickie election” rules were up next for the National Labor Relations Board to address. Clearly, those rules are still on the radar, as public input is in...more

NLRB Kicks Things into Gear – To Benefit Employers!

After swearing in the new general counsel, Peter Robb, last month, and given the full complement of members, the National Labor Relations Board has kick-started its efforts to right the wrongs of the Obama Board and make life...more

A Call to Action—Stamping Out Workplace Harassment

“This” isn’t just about Harvey Weinstein, Roy Jones, Kevin Spacey, Al Franken, Matt Lauer, or others in the news. “This” isn’t just about politicians, Hollywood, and the media. “This” is a real problem in workplaces across...more

Salary History Inquiries to Be Off-Limits to New York City Employers

Action Item: On May 4, 2017, New York City Mayor Bill DiBlasio signed Int. No. 1253-A, a bill making it unlawful as part of the hiring process for an employer to ask about or rely on a prospective employee’s prior salary...more

Philadelphia Postpones Salary History Ban

Action Item: The City of Philadelphia has agreed to a court order postponing the effective date of a law that would prohibit employers from inquiring into a job candidate’s salary or benefit history during the application...more

Seventh Circuit Is First to Hold that Title VII Protects against Sexual Orientation Discrimination

Action Item: In a landmark decision yesterday, the United States Court of Appeals for the Seventh Circuit became the first federal circuit court in the nation to hold that discrimination based on sexual orientation is...more

Inclusion of Liability Waiver in FCRA Disclosures Violates the Act

Action Item: In a recent decision from the Ninth Circuit, which may have broad implications across the country, the Court held that an employer’s inclusion of a liability waiver as part of the Fair Credit Reporting...more

District Court Grants Injunctive Relief Blocking December 1 Implementation of New DOL Overtime Rule

Action Item: Yesterday, Judge Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction blocking the Department of Labor’s (“DOL”) new regulation governing the...more

What Does Trump's Win Mean for New Overtime Regulations?

Action Item: As December quickly approaches, do not forget that the U.S. Department of Labor’s (“DOL”) revisions to the “White Collar Exemption” regulations under the Fair Labor Standards Act (“FLSA”) are set to take effect...more

New OSHA Rule Creates Concern for Employers’ Drug and Alcohol Testing Policies

As we reported in May 2016, OSHA recently published a rule that phases in new requirements for employers. Certain portions of the rule that protect employees against retaliation for reporting injuries and illnesses are giving...more

Employer Call To Action—It’s Time! The New Overtime Regs Are Almost Here!

Action Item: In case you’ve been hibernating for the last year or so, get ready: the U.S. Department of Labor (“DOL”) is poised to publish its long-awaited final revisions to the “White Collar Exemption” regulations under the...more

DOL New White Collar Exemption Regulations Are At The Goal Line

Action Item: On March 14, 2016, the U.S. Department of Labor (“DOL”) took the final step in its long process to put in place the final new regulations governing the Fair Labor Standards Act’s “white collar exemptions.” DOL...more

DOL Throws 3rd Fastball in Less than a Year, Seeking to Strikeout Employers by Targeting Joint Employment

Action Item: On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued guidance regarding the determination of joint employer status under both the Fair Labor Standards Act (“FLSA”) and...more

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