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Work Schedules Employer Liability Issues Department of Labor (DOL)

Foster Swift Collins & Smith

[Webinar] New Law Changes in Effect for Employers Hiring Minors - May 14th, 12:00 pm - 12:30 pm EST

With summer right around the corner, teenagers will soon be out of school—and out looking for a place to work. If you’re planning on hiring teenagers during the summer months and beyond, be sure you’re familiar with the...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

FordHarrison

Eleventh Circuit Reinforces Fluctuating Workweek Method Of Paying Overtime

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The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more

Poyner Spruill LLP

Can You Pay Your Workers in Chicken Nuggets?

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On July 26, 2022, a Chick-fil-A franchise in Hendersonville, NC put up a Facebook post saying, “We are looking for volunteers for our new Drive Thru Express! Earn 5 free entrees per shift (1 hr) worked. Message us for...more

BakerHostetler

[Webinar] Wage and Hour in the Energy Industry – New Administration, New Rules - May 4th, 11:30 am - 12:30 pm CT

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While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more

Fisher Phillips

Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek

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Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

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Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Fisher Phillips

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment

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The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Creating the Space: Healthcare Employers Implement Programs for Nursing Mothers

Women make up the majority of employees in the healthcare industry. According to the Bureau of Labor Statistics, in 2018, 75 percent of hospital staff and nearly 80 percent of the staff of other health services were composed...more

Seyfarth Shaw LLP

WHD Proposes Rule on Fluctuating Workweek

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more

Franczek P.C.

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

Franczek P.C. on

On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Farrell Fritz, P.C.

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

Farrell Fritz, P.C. on

Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

Foley & Lardner LLP

DOL Overtime Proposals—Part II: Salary Change Consequences and “Discretionary” Bonus Clarification

Foley & Lardner LLP on

Double-Barreled Rulemaking. Last month, we commented on the Department of Labor’s (DOL) March 7, 2019, proposed rulemaking to increase the salary test threshold for overtime exemptions, potentially making another million or...more

Robinson+Cole Health Law Diagnosis

New York Court of Appeals Upholds Thirteen Hour Rule for Home Health Aide Pay

On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

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New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

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The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

New York Once Again Takes Aim At Employee Scheduling Practices

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The New York State Department of Labor recently issued proposed regulations seeking to curb on-call scheduling, “call-in” shifts, and last-minute shift changes. The proposed regulations endeavor to provide employees with more...more

Fox Rothschild LLP

The New York State Department Of Labor Issues Proposed Employee Scheduling Regulations

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The New York State Department of Labor has issued proposed regulations that would change the current rules for call-in pay across the state and add new requirements that employees be paid when their shifts are cancelled, they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Snow Days for Wage and Hour Issues

With winter on the way, it is a good time for employers to review the relevant wage and hour laws that can be triggered by inclement weather. Likewise, it is also a good time for employers to ensure their policies comply with...more

Jackson Lewis P.C.

New York State Department Of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

Jackson Lewis P.C. on

The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Don't Mix Incentive Pay With Fluctuating Workweek

Many employers rely on the fluctuating workweek (FWW) method to reduce their overtime obligations. FWW allows employers to pay a fixed salary and a half-time overtime premium to employees whose working hours significantly...more

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