Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more
On June 15, President Trump signed an Executive Order streamlining the design and approval for apprenticeship programs funded by the Department of Labor (DOL). The Order is intended to entice more employers to begin...more
Most employers know that qualified employees are entitled under the Family and Medical Leave Act (FMLA) to take unpaid leave from work to care for a spouse, child or parent with a serious health condition. What happens when...more
Last year in its Encino Motorcars decision, the U.S. Supreme Court rejected the Ninth Circuit Court of Appeals’ reliance on a Department of Labor (DOL) interpretation finding that automobile dealership service advisors do not...more
A federal district court’s unanticipated injunction on November 22 blocked the planned December 1 implementation date for the Department of Labor’s (DOL) increased minimum salary required to claim most exemptions from the...more
On November 22, a federal district court judge in Texas issued a nationwide injunction prohibiting the Department of Labor from enacting its new overtime exemption salary increase on December 1 as scheduled. The judge...more
Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more
On Tuesday, a federal district court in Texas issued a permanent injunction blocking implementation of the Department Of Labor’s so-called “Persuader” rule. The rule requires legal counsel and other persons or entities that...more
With the December 1 effective date approaching for the Department of Labor’s increase in the minimum salary for claiming most overtime exemptions, many employers are considering moving employees to the fluctuating workweek...more
Executive Order 13673, entitled “Fair Pay and Safe Workplaces” requires certain federal contractors to disclose to the contracting officer violations over the past three years of 14 listed federal labor laws as well as some...more
Many employers are currently reviewing their options for reacting to the December 1 increase in the minimum salary for claiming exemption from overtime requirements using the executive, administrative and professional...more
Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more
The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more
On September 29, the Department of Labor issued final regulations implementing President Obama’s Executive Order requiring federal contractors to provide paid sick leave for their employees. DOL estimates that the rule will...more
Recent amendments to the Surface Transportation Act include a new cause of action for employees of companies engaged in interstate transportation who allege that they were fired or had other adverse action taken against them...more
On Wednesday, the North Carolina Department of Labor (NCDOL) announced the completion of an agreement with the federal DOL to share information intended to identify companies misclassifying employees as independent...more
The hospitality industry continues to face an increasing number of collective action lawsuits filed by tipped employees who claim that their employers failed to comply with minimum wage requirements for servers and related...more
Overtime paid to non-exempt employees under the Fair Labor Standards Act must be at time and one-half of the employee’s “regular rate.” The regular rate includes most compensation paid to the employee, such as bonuses and...more
Restaurants and some other businesses that use employees partially compensated by tips can claim a tip credit toward the Fair Labor Standards Act’s minimum wage requirements. However, the FLSA strictly regulates the servers’...more
Thanks to the intervention of a federal district court in Texas, the federal Department of Labor’s new “Persuader” rules did not go into effect as scheduled on July 1, 2016. The rules for the first time would require legal...more
On June 20, 2016, the U.S. Supreme Court declined to provide a definitive opinion on a pay issue that has concerned automobile dealerships for years. The question involves whether dealership service advisors fall under the...more
6/28/2016
/ Arbitrary and Capricious ,
Car Dealerships ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
Earlier this month in McFeeley v. Jackson Street Entertainment, LLC, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) concluded that exotic dancers were employees entitled to minimum...more
For more than a half-century, Department of Labor regulations issued under the Fair Labor Standards Act have allowed employers to adopt an administrative rounding policy to prevent situations where the employer would be...more
The Department of Labor’s new salary level of $47,476 for white collar employees exempt from the overtime provisions of the Fair Labor Standards Act takes effect December 1. While the new rules more than double the current...more
On May 18, 2016, the federal Department of Labor’s Wage and Hour Division issued final regulations that dramatically increase the minimum salary required to claim exemption from the overtime provisions of the Fair Labor...more