In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the dynamics of teamwork, using the beloved characters Sully and Mike Wazowski from Monsters, Inc. as prime examples. Joined by Emily...more
Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA)....more
11/21/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
On Tuesday, the U.S. Department of Labor (DOL) released a final rule, "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees," which significantly raises the...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more
4/1/2024
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB
On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more
1/17/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee...more
9/5/2023
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication...more
Q: What does the latest decision on joint employer liability mean for businesses?
A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
Q: I heard New York State recently enacted another sick leave law. I thought New York already enacted a COVID-19 sick leave law back in March. How is this new one different?...more
Q. How will the federal court decision impact business policies and practices that address FFCRA leave?...more
8/7/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Health Care Providers ,
Infectious Diseases ,
Intermittent Leave ,
Paid Leave ,
Paid Sick Leave ,
Sick Leave ,
Wage and Hour
On March 18, President Trump signed into law the Families First Coronavirus Response Act (the Act). The Act addresses many issues related to the nation’s response to COVID-19, including free coronavirus testing, funding to...more
3/19/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Paid Time Off (PTO) ,
Relief Measures ,
Secretary of the Treasury ,
Sick Leave ,
Sick Pay