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  The existing regulations were viewed as out of date and needing overhaul.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

Perhaps one of the biggest and most unexpected pieces of news for employers came on March 13, 2014 when President Obama signed a memorandum instructing the USDOL to undertake its first overhaul of the FLSA since 2004.  The agency is charged with the responsibility to update the regulations of who qualifies for overtime pay.  The