McGlinchey’s Employment Pulse showcases thought leadership from our team of experienced labor and employment attorneys, providing timely insights that help employers stay competitive, meet regulatory requirements, and tackle...more
8/15/2025
/ Americans with Disabilities Act (ADA) ,
Ames v Ohio Department of Youth Services ,
Department of Education ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Diversity ,
Employment Discrimination ,
Executive Orders ,
Failure to Accommodate ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Florida ,
FOIA ,
Highly Compensated Employees ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Reform ,
Liquidated Damages ,
NLRB ,
Non-Compete Agreements ,
Over-Time ,
SCOTUS ,
Self-Disclosure Requirements ,
Tax Deductions ,
Timekeeping ,
Tips ,
Title VII ,
Wage and Hour ,
Whistleblowers
On July 4, 2024, President Trump signed the “Big Beautiful Bill,” which contains two provisions that provide federal income tax deductions on both tips and overtime compensation beginning January 1, 2025, through December 31,...more
8/14/2025
/ Employer Responsibilities ,
Fair Labor Standards Act (FLSA) ,
Income Taxes ,
IRS ,
New Legislation ,
One Big Beautiful Bill Act ,
Over-Time ,
Reporting Requirements ,
Tax Deductions ,
Tax Legislation ,
Tax Planning ,
Tax Reform ,
Tips ,
Trump Administration ,
Wage and Hour
On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any...more
8/12/2025
/ Administrative Agencies ,
Administrative Procedure Act ,
Back Pay ,
Department of Labor (DOL) ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Liquidated Damages ,
New Guidance ,
Regulatory Authority ,
Statutory Authority ,
Statutory Interpretation ,
Wage and Hour
The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more
7/18/2025
/ Administrative Exemption ,
Corporate Counsel ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Federal Labor Laws ,
Highly Compensated Employees ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more
2/14/2025
/ Appeals ,
Biden Administration ,
Compliance ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Minimum Wage ,
OFCCP ,
Statutory Interpretation ,
Trump Administration ,
Wage and Hour
Technology—what did we ever do without it? There are many technological programs at an employer’s disposal, ranging from checking a candidate’s background during the application process to surveilling employee activity by...more
11/8/2024
/ Algorithms ,
Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reports ,
Decision-Making Process ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Machine Learning ,
OFCCP ,
Third-Party ,
Wage and Hour
The Louisiana Legislature amended two important employment laws: the wage payment statute and the noncompete statute. The amendments to the wage payment statute become effective on August 1, 2024, and the amendments to the...more
Your assistant sends you an email late in the evening (way after the 5:00 hour) and reminds you that you have an appointment in the morning. You respond: “Thanks for the reminder. Could you please make sure that I have...more
Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more
The issue of who is an independent contractor can be tricky, particularly in the age of technology. If an employer misclassifies an individual as an independent contractor, there are a number of penalties for which the...more