In an April 2, 2018 decision of otherwise narrow appeal to most employers (whether the exemption in Section 13(b) (10)(A) of the Fair Labor Standards Act for an automobile “salesman, partsman, or mechanic” applies to “service...more
4/3/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”). Under PAID, employers can...more
As cryptocurrencies surge in value and enter mainstream consciousness, an increasing number of employers may consider compensating their employees with bitcoin, ether, or other cryptocurrencies. While a cryptocurrency...more
2/14/2018
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Foreign Currency ,
Minimum Wage ,
Over-Time ,
Payroll Periods ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Wage and Hour
The U.S. Department of Labor announced in a January 5, 2017 press release that it was scrapping the six-factor test it had used for years to determine whether interns are employees for purposes of the Fair Labor Standards Act...more
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more
On November 15, 2017, in a case of first impression in the Ninth Circuit, the Court of Appeals adopted the longstanding position of sister circuits and the U.S. Department of Labor that for purposes of determining whether an...more
In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more
9/8/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On Thursday, the Texas federal district court that had issued a preliminary injunction in November 2016 blocking implementation of the Obama Administration’s revised overtime rule granted the plaintiffs’ motion for summary...more
As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical...more
8/30/2017
/ Collective Bargaining Agreements (CBA) ,
Document Destruction ,
Donations ,
Employee Handbooks ,
Exempt-Employees ,
Force Majeure Clause ,
Hurricane Harvey ,
Non-Exempt Employees ,
Paid Leave ,
Paid Time Off (PTO) ,
Payroll Records ,
Severe Weather ,
State Labor Laws ,
State of Emergency ,
Unpaid Leave ,
Vacation Pay ,
Wage and Hour
Yesterday, the U.S. Department of Labor filed a reply brief in further support of its appeal of the November 22, 2016 order in State of Nevada v. United States Dep’t of Labor, No. 4:16-CV-00731 (E.D. Tex.). That order,...more
7/1/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
In what likely signals the end of the era of “Administrator’s Interpretations,” the DOL announced today that it will return to the practice of issuing opinion letters to provide guidance to employers and employees on Fair...more
The Court of Appeals for the 11th Circuit held earlier this week that a plaintiff who received at least the minimum wage and any overtime pay owed could not sue under the FLSA for withheld tips....more
On May 30, 2017, New York City Mayor Bill de Blasio signed a bill package into law that will impose new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices. The laws...more
6/5/2017
/ Fair Workweek ,
Fast-Food Industry ,
Flexible Work Arrangements ,
Food Service Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mayor de Blasio ,
New Legislation ,
On-Call Employees ,
Part-Time Employees ,
Retail Workers ,
State and Local Government ,
Temporary Employees ,
Wage and Hour ,
Work Schedules
Even the Supreme Court doesn’t want to talk about the regular rate of pay.
The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more
5/17/2017
/ Appeals ,
Cash-in-Lieu of Benefits ,
Denial of Certiorari ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Flexible Work Arrangements ,
Liquidated Damages ,
Over-Time ,
Police ,
Remand ,
SCOTUS ,
State and Local Government ,
Wage and Hour ,
Willful Violations
In the private sector, the ability of employers to offer “comp time” for nonexempt employees—future time off as a reward for working extra hours, in lieu of overtime pay—is quite limited. To avoid having to pay for overtime...more
As we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages...more
The City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. The law, which amends the city’s current Fair Practices...more
Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more
1/4/2017
/ Appeals ,
Department of Labor (DOL) ,
Interlocutory Appeals ,
Minimum Salary ,
Motion To Intervene ,
Motion To Stay ,
Over-Time ,
Permanent Injunctions ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually)...more
The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100...more
With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. We discuss below some typical scenarios that you are...more
12/21/2016
/ Commute Time ,
Document Destruction ,
Exempt-Employees ,
Military Service Members ,
Non-Exempt Employees ,
Paid Time Off (PTO) ,
Payroll Records ,
Severe Weather ,
State of Emergency ,
Vacation Pay ,
Wage and Hour
On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to...more
On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that...more
Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more
A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum...more