If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big...more
Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted...more
The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule.
Some very quick background: The overtime rule, which...more
Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last...more
We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat.
Sexist air conditioning. It seems like a long time since we’ve read...more
The U.S. Department of Labor announced today that it has withdrawn informal guidance issued by the Obama Administration related to independent contractors and joint employment. The guidance on independent contractors was...more
The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April....more
House and Senate Republicans have introduced legislation — the Working Families Flexibility Act of 2017 — that would amend the Fair Labor Standards Act to allow private sector employers to provide “comp time” to employees in...more
Remember the Garbage Pail Kids from the ’80s? I have had an inspiration that will make my fortune! I’m going to create a set of collectible “HR Horribles”™ trading cards, representing the employees who make Human Resources...more
For those of you who don’t know Mr. Olson, he’s a libertarian. :-)
I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for...more
Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case....more
As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The...more
The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to...more
Judge Amos Mazzant has issued a nationwide preliminary injunction blocking the U.S. Department of Labor’s overtime rule from taking effect as scheduled on December 1. I’m reading the decision now and will be back with details...more
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too.
BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department...more
11/23/2016
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
LGBTQ ,
Persuader Rules ,
Sexual Orientation Discrimination ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Don’t mess with Texas.
In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. The DOL can appeal to the U.S. Court of Appeals for...more
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes...more
Last week, two lawsuits were filed in federal court in Texas seeking to block the Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, which was issued in May. Meanwhile,...more
Thanks to Law360 for alerting us to this!
Straight from the courthouse to you — I haven’t even read this yet, but here is a copy of the lawsuit, which was filed today in federal court in the Eastern District of Texas....more
Employers, when was the last time you had a real makeover? Let’s do one now!
The new white-collar exemptions under the Fair Labor Standards Act will go into effect December 1, but it’s a good idea for employers to prepare...more
On February 1, the Equal Employment Opportunity Commission issued a proposal that would require employers with 100 or more employees to begin submitting compensation data with their annual EEO-1 reports....more
My first job out of college was as a non-exempt clerical, and I wasn’t a very “good fit.” The work aside, I chafed at the rigid rules about start times-stop times-breaks-lunch hours-quitting times. If there was some work that...more
“Do this, don’t do that, can’t you read the rules . . .”*
Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards...more
5/20/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Electronic Filing ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor’s new overtime rule this afternoon in an appearance at Jeni’s Splendid Ice Cream in Columbus, Ohio. I’ll post the rule,...more