In 2016 and 2023, the United States Department of Labor (“DOL”) announced increases to the minimum salary threshold for the executive, administrative, and professional exemptions to the federal Fair Labor Standards Act...more
The Federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. Under the FLSA, employees generally must be paid an overtime rate of 1.5 times their regular rate of...more
As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more
The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by the North Carolina Department of Labor. Effective July 8, 2021, various provisions of the...more
With a new Presidential administration comes a new Secretary of the United States Department of Labor (DOL), Boston mayor Marty Walsh. Walsh was a former union president and state representative before becoming mayor. The new...more
The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The United States Department of Labor (“DOL”) administers the FLSA through its Wage and Hour Division....more
On Tuesday, August 27, 2019, President Trump formally nominated Eugene Scalia to serve as Secretary of the United States Department of Labor. The Department of Labor is responsible for enforcing federal laws governing the...more
9/3/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Opinion Letter ,
Over-Time ,
Paralegal ,
Presidential Nominations ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
For federal contractors in North Carolina…now is your opportunity to provide input relating to the establishment of prevailing wage rates under the Davis-Bacon Act (DBA). The DBA governs contractors and subcontractors who...more
In June of 2015, in response to former President Obama’s mandate that it take steps to ensure that employees are compensated fairly, the United States Department of Labor released proposed changes to the overtime regulations...more
9/12/2018
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Proposed Regulation ,
Proposed Rules ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more
On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North Carolina law, the Act does...more
9/6/2017
/ Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Posting Requirements ,
Wage and Hour
On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more
7/3/2017
/ Army ,
Defense Contracts ,
Discrimination ,
Employee Reassignment ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Hiring & Firing ,
Popular ,
Wage and Hour
On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more
6/26/2017
/ Corporate Counsel ,
DirectTV ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Over-Time ,
Staffing Agencies ,
Unions ,
Wage and Hour
On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more
2/16/2017
/ Appeals ,
Contractors ,
DirecTV ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Joint Employers ,
Popular ,
Subcontractors ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour