As the AI revolution takes hold, employers are hiring for jobs we never imagined just a few years ago. This may leave you in the dark when trying to figure out if your new hires, including Prompt Engineers, will truly meet...more
8/19/2024
/ Administrative Exemption ,
Artificial Intelligence ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Hiring & Firing ,
Job Descriptions ,
Job Duties ,
Machine Learning ,
Misclassification ,
Over-Time ,
Wage and Hour
Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees...more
High-earning workers making more than $200,000 a year might be eligible for overtime pay thanks to a new Supreme Court ruling yesterday morning. The decision is a wake-up call for all employers to review their OT exemptions...more
Employers in the hospitality industry have been through it all in recent years – from the devastation of the pandemic to ongoing labor shortages to an impending recession. These challenges and dramatic changes have surely...more
1/19/2023
/ Bonuses ,
Employer Liability Issues ,
Hospitality Industry ,
Managers ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
Salaried Employees ,
Service Charges ,
Supervisors ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Unpaid Overtime ,
Wage and Hour
Imagine this scenario: You pay an employee a substantial daily rate — which works out to more than $200,000 a year. Still, the employee claims they’re entitled to overtime pay because they were paid a daily — rather than...more
Employers may be shocked to learn that a supervisor who earns $200,000 a year could be entitled to overtime pay, but the Supreme Court might very well decide you could be on the hook for such payments in the near future....more
The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter yesterday addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below...more
For the last several months, we have all been eagerly awaiting USDOL’s final “Overtime Rule” – to hopefully finally put to bed the confusion that has filled the air for nearly three years. As of Tuesday, the suspense is over...more
9/26/2019
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
We have waited years to see where the U.S. Department of Labor would land with its much anticipated revised “overtime rule”—late yesterday, the agency delivered. The USDOL released its long-awaited proposed rule which, if...more
The U.S. Department of Labor has announced, via a regulatory agenda, that the proposed regulations implementing changes to the minimum salary for the white-collar exemptions, now commonly referred to as the “overtime rule”,...more
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
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury
Last month, the United States Department of Labor (USDOL) Wage and Hour Division announced that it would hold public listening sessions, inviting members of the public to comment on the FLSA's white-collar exemptions....more
As we wrote about earlier this year, the Wage and Hour Division of the United States Department of Labor has been very active this year. This week alone, the USDOL issued a press release announcing that it will hold...more
We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more
6/21/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Legislative History ,
Minimum Wage ,
Navarro v Encino Motorcars ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Proposed Regulation ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Standard of Living ,
Statutory Construction Test ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more
10/7/2017
/ Appeals ,
Class Action ,
DACA ,
Dear Colleague Letter ,
Delivery Drivers ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Gig Economy ,
Google ,
GrubHub ,
Hurricane Irma ,
Janus v AFSCME ,
Misclassification ,
Obama Administration ,
OFCCP ,
Over-Time ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Public Sector Unions ,
Rescission ,
SCOTUS ,
Secretary of Labor ,
Sexual Assault ,
Shop Fee Arrangements ,
Title IX ,
Travel Ban ,
Trump Administration ,
White-Collar Exemptions
A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more
9/7/2017
/ Abeyance ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Minimum Wage ,
Motion To Intervene ,
Obama Administration ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
A federal judge in Texas today struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for...more
9/2/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Some courts have read a safeguard into federal wage and hour law that can protect employers from liability for working-off-the-clock claims, believing you should not be responsible for unpaid overtime or minimum wage if you...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more
7/7/2017
/ Administrative Interpretation ,
Advocate Health Care v Stapleton ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Department of Labor (DOL) ,
Discrimination ,
Electronic Records ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Interlocutory Appeals ,
Joint Employers ,
Medical Marijuana ,
Microsoft v Baker ,
Minimum Salary ,
Misclassification ,
New Legislation ,
NLRB ,
Opinion Letter ,
OSHA ,
Over-Time ,
Popular ,
Public Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title III ,
Travel Ban ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Uber ,
Unfair Labor Practices ,
Website Accessibility ,
White-Collar Exemptions