A new overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, was announced by the Department of Labor on April 23, 2024. Under this new rule,...more
Paying salaries to exempt and non-exempt employees -
Highlights:
Distinguish between exempt and non-exempt roles for proper salary allocation based on tasks and hourly wages tied to responsibilities.
Originally...more
A federal appeals court recently held that employers don’t run afoul of the Fair Labor Standards Act if they involuntarily reduce workers’ PTO balances.
The case addressed deductions for drops in productivity, but it may...more
New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices.
The rulings involve one of the oldest employment laws—the...more
7/17/2023
/ Appeals ,
Audits ,
Compensation ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Paid Leave ,
Pay Transparency ,
SCOTUS
FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims -
The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more
3/22/2023
/ Audits ,
Burden of Proof ,
Child Labor ,
Compensation ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
SCOTUS
How to put emergency action plans in place for dealing with natural disasters and other emergencies -
In the wake of record-breaking temperatures, widespread wildfires, 100-year flooding and other natural disasters,...more
11/30/2022
/ Americans with Disabilities Act (ADA) ,
Compensation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Flooding ,
Hurricane Season ,
Natural Disasters ,
OSHA ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Wildfires ,
Workplace Safety
A newly proposed federal regulation could flip the script for employers across the country that utilize independent contractors in day-to-day business. A proposed rule by the Department of Labor Wage and Hour Division was...more
10/20/2022
/ Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
IRS ,
Medicare ,
Misclassification ,
Proposed Regulation ,
SCOTUS ,
Social Security ,
Wage and Hour
On August 16, 2022, a Fourth Circuit panel for the United States Court of Appeals ruled in Williams v. Kincaid that gender dysphoria qualifies as one of the disabilities listed under the Americans with Disabilities Act (ADA)....more
The Court of Appeals for the Eleventh Circuit recently reversed a district court’s denial of Rule 11 motions filed after final judgment had been entered. The Eleventh Circuit found the district court incorrectly read recent...more
Good news is on the horizon for companies that legitimately use independent contractors. The Florida legislature recently passed a premier law aimed at protecting businesses against misclassification claims when they aid...more
The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10,...more
The federal Fair Labor Standards Act (FLSA) is one of the oldest employment laws in the United States. Congress enacted the FLSA “in order to eliminate ‘labor conditions detrimental to the maintenance of the minimum standard...more
What can companies do to embrace and improve diversity, equity and inclusion in their organizations? In this episode of Legally Qualified, RumbergerKirk employment and labor attorney Linda Bond Edwards talks with Janelle...more
Here in the U.S., we are no strangers to natural disasters that affect the workplace. Whether wildfires, hurricanes, tropical storms, floods, earthquakes or volcanoes, every region of the country has had its...more
Guidance on Paying Employees -
(Based on guidance from the United States Department of Labor)
Employers should bear in mind that state and federal laws may be modified as the United States deals with this pandemic. ...more
In the wake of McDonalds’ CEO Steve Easterbrook’s decision to step down for having a consensual relationship with an employee in violation of company policy, many are left wondering, is there any room in the restaurant...more
1/24/2020
/ Corporate Culture ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hiring & Firing ,
McDonalds ,
Sexual Harassment ,
Supervisors ,
Wage and Hour ,
Workplace Romances
Surprisingly, one in three employees are in a romantic relationship with someone they work with, and more than half of all-American professionals say they have participated in a workplace romance at some point.
Originally...more
The people of the state of Florida, through their elected officials, have chosen “merit selection” as a method of choosing judges through appointment. While the trial bench has remained subject, in part, to the elective...more
Each day brings news about yet another sexual harassment claim against a high-profile and powerful man. Just to name a few in the broadcasting industry: Bill O’Reilly, Charlie Rose, and now Matt Lauer. As women continue to...more
12/5/2017
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Risk Management ,
Sexual Harassment ,
Title VII ,
Tone At The Top
Just as some business and organization leaders thought that the culture of a diverse workplace thriving on respect and dignity was deeply entrenched, along comes allegations against a well-known name like Bill O’Reilly...more