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
The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more
On March 23, 2016, the federal Department of Labor issued final regulations requiring for the first time that employers disclose the identity of any third-party consultants retained to help the company respond to union...more
As litigation and administrative investigations of misclassification of employees for overtime purposes have grown, employers have increasingly turned to alternative methods of pay intended to reduce their overtime...more
The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) is among the minority of federal appellate circuits that restricts the ability of employers and employees to release claims for unpaid...more
Federal Department of Labor regulations have long prohibited employers from requiring that servers, hostesses and bartenders pool a portion of their tips to share with other restaurant employees such as bussers and cooks. For...more
Retail automotive dealerships enjoy a special exemption from the overtime provisions of the Fair Labor Standards Act. Section 13(b)(10)(A) of the FLSA provides an overtime exemption for “any salesman, partsman, or mechanic...more
Over the past several years, the healthcare industry and Department of Labor have clashed over the application of the Professional exemption to the Fair Labor Standards Act’s minimum wage and overtime requirements to various...more
Earlier this year, the federal Department of Labor proposed an increase in the minimum salary required to claim exempt status from the Fair Labor Standards Act’s overtime requirements under its Part 541 “white collar”...more
On September 7, President Obama signed an Executive Order requiring federal contractors to provide employees with a minimum of seven days of paid sick leave per year. The sick pay will be awarded at the rate of one hour for...more