Photo: John Hilliard via Flickr (CC by 2.0)
Photo: John Hilliard via Flickr (CC by 2.0)

The winter season presents employers with many weather related issues ranging from obligations to keep outdoor areas safe to deciding whether to close the business for all or part of the day.  Closing the business due to inclement weather raises pay issues – what pay are employees entitled to when the business closes? It depends, in part, whether the employee is considered exempt or non-exempt and whether, the employee is paid on a salary basis.
Continue Reading Winter Weather and Employee Challenges – To Pay or Not to Pay?

The United States Department of Labor (“DOL”) yesterday released its long awaited final rule which revises the salary test for the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”).  The new rule will be effective December 1, 2016 and is expected to impact some 4.2 million salaried workers based simply on the revision

Photo: dbking via Flickr (CC by 2.0)
Photo: dbking via Flickr (CC by 2.0)

In Tyson Foods, Inc. v. Bouaphakeo, the U.S. Supreme Court held that statistical or representative evidence could be used by a class of employees to prove liability for an employer’s failure to pay them for donning and doffing protective gear in violation of

It is no surprise that businesses often struggle with categorizing workers as employees versus independent contractors.  The U.S. Department of Labor’s (“USDOL”) latest  guidance highlights a similar challenge businesses face, but may overlook, especially those using staffing agencies  or hire temporary workers to supplement their workforces: the issue of joint employment.  On January 20, 2016,

When is the last time your company did a comprehensive review of its job descriptions?  Never mind; it doesn’t matter.  It’s time to do it again.

The job description is an incredibly valuable tool for an employer, and an astounding number of businesses either do not have them, do not update them,  or spend so

The wait is over; well sort of.  In March 2014 President Obama directed the US Department of Labor (“DOL”) to review the so-called “White Collar” exemptions under the Fair Labor Standards Act (“FLSA”) to determine whether they were in need of revision having last been updated in 2004.  Today the DOL announced a new proposed

In March of 2014 President Obama issued a Presidential Memorandum directing the Secretary of the United States Department of Labor (“DOL”) to update the FLSA regulations governing exemptions from overtime, the so-called White Collar Exemptions.  The existing regulations were viewed as out of date and needing overhaul.  Of particular concerns were the $455 per week