Category: DOL
DOL Overtime Rule Update
As most readers are aware, the Department of Labor has appealed the November 22, 2016 Order of Judge Amos Mazzant of the United States District Court for the Eastern District of Texas which preliminarily enjoined the December 1, 2016 implementation of increases to the salary threshold under the FLSA...
Is Your Company Complying with Updated Federal Posting Requirements?
On August 1, 2016, the DOL issued updated posting requirements for the Employee Polygraph Protection Act and the Employee Rights Under the Fair Labor Standards Act. If you haven't updated your posters, you should do so immediately. You can print out copies here: - Employee Rights Under the Fair...
FLSA Construction Basics: Build a Solid Foundation with Proper Classification
New England Company & Affiliate Pay $2.6 Million in Back Wages Over the past few years we have discussed the importance of proper classification of workers and the ever-increasing number of DOL audits and wage and hour lawsuits that are stemming from improper classification of the workforce. Yesterday, the...
Scheme to Avoid Employer Liability Results in Consent Judgment
Using a staffing company to supply workers can seem to be a wonderful way to secure a qualified workforce while avoiding the challenges of hiring employees and the administrative demands associated with having so many people in your employ. Probably for these very reasons United Plastics contracted with ASI...
OSHA Ignites Firework of a Penalty Hike Prior to Independence Day
Late last week, while everyone was focused on the summer holiday, the Department of Labor announced that pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act, OSHA's maximum penalties, which have not been raised since 1990, will increase by 78 percent. This will increase the "serious", "other-than-serious"...
Service Advisor Question Sent Back to Ninth Circuit
The Supreme Court issued its decision today in Encino MotorCars, LLC v. Navarro . A background of the case is available here , but the question at issue was whether service advisors at car dealerships are exempt from the FLSA's overtime pay requirements. Reversing the Court of Appeals decision...
FLSA Overtime Guidance for Educational Institutions
You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many education institutions will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for education institutions of all sizes, whether at the elementary...
Final FLSA Overtime Rule: Guidance for Non-Profit Employers and Board Members
You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many non-profits will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for non-profits of all sizes, including those that are funded by...
FINALIZED Overtime Rule: How does it impact you?
The Department of Labor released its long-awaited final overtime regulations today. The most significant impact of the new regulations is that they more than double the salary threshold for classifying an employee as exempt from the overtime requirement to $47,476. While slightly less than originally anticipated, this is still...
White Collar Salary Increase Update #1
BNA Bloomberg is currently reporting that yesterday word was leaked from a Washington staffer that the DOL white collar salary threshold will be in the $47,000 per year range—as opposed to the $50,440, which has been proposed. The $47,000 range is still almost double the current $23,660 level. Reports...
White Collar Salary Level Update: Maine Senator Angus King Weighs In
MaineBiz reports that yesterday U.S. Senator Angus King wrote a letter to the Office of Management and Budget voicing his concerns on the DOL's proposed increase in the overtime threshold. More information regard the increase is available here and here.
Is the DOL Getting Hot Around the Collar with the White Collar Exemption?
As most employers know by now, the U.S. Department of Labor ("DOL") has proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive, administrative, and professional employees. If you have not yet heard, you can learn more here . The proposed amendments revise the...
YAWN…..Eleventh Circuit’s Ruling Won’t Put You to Sleep but the Plaintiffs Might
It sounds like the start to a bad joke—25 student nurse anesthetists walk into a courtroom…let's just hope you don't fall asleep before we get to the punchline. While the Eleventh Circuit's opinion regarding whether a class of 25 anesthetist students are employees or interns under the FLSA began...
“Joy” is Lost, Others Are “Uber” Upset
Last week we posted about the DOL's recent interpretation of workers' status as employees versus independent contractors. Even if your company does not currently use any form of independent contractors (and thus you've been only following these changes in passing), it's important that you understand the implications of these...
