Job Description Mistakes You Don’t Want to Make
II-27 - Our 1st Anniversary Special: Bringing Back Our Inaugural Guest to Discuss What Was and What Will Still Be With President Trump
A federal judge in Texas has hit pause on the hotly contested salary increase for the executive, administrative, and professional (EAP) overtime exemption under the Fair Labor Standards Act (FLSA). Earlier this year, the...more
Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more
After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more
The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
On October 24, 2022, the Ninth Circuit Court of Appeals issued its opinion in Cariene Cadena et al. v. Customer Connexx LLC et al. (Case No. 21-16522), holding that the time employees spend booting up their computers is...more
Beginning December 28, 2021, employers must pay tipped employees the full minimum wage for periods when non tip-producing work is performed for a substantial amount of time, in light of a new Department of Labor (DOL) Final...more
Tip Credits under the Fair Labor Standards Act - The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more
On October 28, 2021, the U.S. Department of Labor (DOL) announced publication of a final “dual jobs” rule, which reverses course from a December 2020 final rule and resurrects the so-called “80/20 Rule” that governs how...more
The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more
How confident are you that you have properly classified your employees as exempt under the Fair Labor Standards Act (FLSA), or that your employees’ exempt status has not been affected by COVID-19 workplace changes? Over the...more
Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more
The U.S. Department of Labor issued a long-awaited final rule right before Christmas addressing the issue of tipped employees. The final rule, released on December 22 but not effective until February 20, 2021, provides...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more
With well over 175 COVID-19-related employment lawsuits already having been filed nationwide, employers need to keep abreast of ongoing issues that impact the physical and remote workplace. One area where employers need to be...more
If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more
Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more
For the first time in a number of years, overtime regulations under the Fair Labor Standards Act (FLSA) have been updated. This modest development increases the earning threshold necessary to exempt executive, administrative...more
Effective January 1, 2020, the minimum salary threshold for the executive, administrative, and professional exemptions (EAP exemptions) under the Fair Labor Standards Act (FLSA) will increase from $455 a week ($23,660...more
On October 8, 2019, the U.S. Department of Labor (DOL) proposed changes to the Fair Labor Standards Act (FLSA) regulations governing the wages of tipped employees, specifically, tip credits and tip pools....more
On September 24, 2019, the U.S. Department of Labor announced a long-awaited final rule regarding adjustments to the salary requirements under the Fair Labor Standards Act for certain salaried employees, commonly known as the...more
On Monday, October 7, 2019, the Department of Labor (DOL) proposed a new 80/20 rule and tip pooling regulation. First, the proposed regulation, if finalized, will permit employers to take a tip credit regardless of the...more
Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements...more
Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would...more
Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more