This week, on our Spilling Secrets podcast series, our panelists discuss the current state of the Federal Trade Commission’s (FTC’s) nationwide non-compete ban amid ongoing legal challenges:
The FTC’s ban on non-competes...more
On December 27, 2023, and just in time for the 2024 ball to drop, the New York State Department of Labor (NYSDOL) finalized the salary thresholds for exempt employees that were proposed as a part of Minimum Wage Order Updates...more
1/3/2024
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
Minimum Wage ,
New York ,
Regulatory Requirements ,
Salaried Employees ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
This week, we’re getting up close and personal with the U.S. Department of Labor (DOL) and the contentious new rules that it is rushing to put into effect:
The DOL is racing ahead with its agenda, with several rules that...more
On August 30, 2023, in one of the U.S. Department of Labor’s most highly anticipated rulemakings of the year, the Wage and Hour Division announced the details of its forthcoming Notice of Proposed Rulemaking regarding the...more
8/31/2023
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
As discussed here, in January 2021, in the waning days of the Trump administration, the U.S. Department of Labor issued a Final Rule setting forth for the first time a standard for differentiating employees and independent...more
Neither fish nor fowl
Salaried with overtime
Brings pain and regret
We don’t see a lot of wage and hour poetry these days, but if we did, it would probably look a bit like the foregoing example from an anonymous...more
Before ringing in the New Year, employers should carefully evaluate whether they need to adjust their current practices to ensure that they remain compliant with state and local laws, including those relating to minimum wage...more
For more than 80 years, federal law has provided a general right to premium pay for working overtime hours, originally just for covered employees, then later for employees of covered enterprises. The laws of more than 30...more
I had planned to focus this month’s installment of “Time Is Money” on the practice of rounding timeclock entries, addressing the history behind the practice as well as factors that make rounding today a riskier proposition...more
This week on our special podcast series, Employers and the New Administration, we look at how the Biden administration’s approach to wage and hour issues will impact employers. Special podcast episodes air every other...more
On January 29, 2021, the U.S. Department of Labor announced the immediate termination of its Payroll Audit Independent Determination Program (PAID). Launched in March 2018 by the Wage and Hour Division (WHD), PAID was...more
On January 6, 2021, the U.S. Department of Labor released its much-anticipated Final Rule addressing independent contractor status under the Fair Labor Standards Act. The Department indicates that the rulemaking should...more
It’s #WorkforceWednesday! This week, we look at President-Elect Biden’s likely Department of Labor agenda and the challenges COVID-19 vaccines and rapid jurisdictional changes are creating for employers.
What Employers Can...more
Welcome to #WorkforceWednesday. This week, we’ve seen some relief for employers and their workforces. Watch the week’s top workforce management and employment law news, and read further below:
CARES Act: What You Need to...more
On Thursday, January 16, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register the much-anticipated Final Rule regarding joint employer status under the Fair Labor Standards...more
1/22/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NPRM ,
Rulemaking Process ,
Wage and Hour
As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create...more
12/17/2019
/ Absenteeism ,
Attendance ,
Business Interruption ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Non-Exempt Employees ,
Opinion Letter ,
Salaried Employees ,
Severe Weather ,
Wage and Hour ,
Weather Policy
Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below...more
5/15/2019
/ Anti-Harassment Policies ,
Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Internships ,
Joint Employers ,
New Rules ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Primary Beneficiary Test ,
Wage and Hour ,
White-Collar Exemptions
Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of...more
10/2/2018
/ Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Navarro v Encino Motorcars ,
Opinion Letter ,
Tipped Employees ,
Unpaid Overtime ,
Wage and Hour
Spring may have been slow to arrive in some parts of the country this year, but the courts, state legislatures, and government agencies have been moving full speed ahead. In April, the U.S. Supreme Court issued a potentially...more
5/10/2018
/ Confidentiality Agreements ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Mandatory Arbitration Clauses ,
Navarro v Encino Motorcars ,
Non-Disclosure Agreement ,
Public Employers ,
Retailers ,
Risk Management ,
SCOTUS ,
Service Advisors ,
Sexual Harassment ,
Wage and Hour ,
Work Schedules ,
Workplace Violence
Addressing Workplace Sexual Harassment in the Wake of #MeToo -
Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more
12/27/2017
/ Arbitration Agreements ,
Class Action Arbitration Waivers ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Minimum Salary ,
Paid Leave ,
Popular ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions