Last November, a Federal District Court Judge in Texas issued a nationwide injunction preventing changes to the overtime rules under the Fair Labor Standards Act (“FLSA”) from going into effect. Among other things, the new rules would have modified the so-called “salary level test,” such that an employee would need to make at least $913 per week in order to fall under the executive, administrative, and professional exemption (the “EAP exemption”). In the months that have passed since the injunction went into effect, there has been great uncertainty about the future of the new overtime rules. However, a brief filed by the Department of Labor on June 30 in its appeal to the U.S. Court of Appeals for the Fifth Circuit sheds some light on the Trump Administration’s plans for the overtime rules.
Continue Reading DOL Defends Its Authority to Establish a Salary Level Test under the FLSA, but Backs Away From the Amount Set in 2016 Rule
Winter Weather and Employee Challenges – To Pay or Not to Pay?
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?
Hold the Presses on FLSA Changes!: Texas Court Issues Eleventh Hour Injunction
Late in the afternoon on November 22, Judge Amos Mazzant of the U.S. District Court in Sherman, Texas issued an order granting an injunction which will at least delay and possibly derail the changes to the overtime rules under the Fair Labor Standards Act (FLSA), which are scheduled to go into effect on December 1.
McLane Middleton’s FLSA Task Force
For additional information about the firm’s FLSA Task Force, please email FLSA@mclane.com.
US DOL Releases Final Rule on FLSA Exemptions
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
Statistical Samples May Establish Employer Liability in Class Action Lawsuits
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
U.S. Department of Labor Issues New Guidance on Joint Employment
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,
US DOL Reports Delay of Release of Final Regulation on White Collar Exemptions
As reported in my blog post on this page on June 30, 2015, the United States Department of Labor (“DOL”) issued proposed regulations calling for the revision of the salary test for the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”). The recommendation was to raise the minimum salary level for the executive,
Dust off Those Job Descriptions!
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: New FLSA Regulations Issued by USDOL
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