Labor and Employment

The U.S. Department of Labor (USDOL) released proposed regulations on March 7, 2019 adjusting the salary level required for the executive, administrative, and professional employee (EAP) exemptions from the FLSA’s minimum wage and overtime requirements. The proposed regulations are expected to go into effect in January 2020. (more…)

Remember the scramble two years ago to prepare for the new federal overtime rule that would have increased the salary threshold level for “white-collar” exemptions from $23,660 to $47,476, only to have a federal district court judge in Texas issue an injunction preventing the USDOL from implementing and enforcing the rule just days before it was set to go into effect? Here is a quick summary of what has been happening on this issue since that November 2016 injunction. (more…)

On May 21, 2018, the United States Supreme Court issued an opinion (5-4) that upheld class-action waivers in arbitration agreements. The ruling gives businesses the ability to prevent employees from joining together to file claims for work-related issues.  Rather, pursuant to this decision, when employees enter into employment agreements that contain arbitration agreements, each employee must file an individual arbitration claim when a suspected violation arises. (more…)

Last year, we reported on the Final Rule published by the United States Department of Labor (USDOL) updating its White Collar exemption regulations. The Final Rule raised the minimum salary requirement from $455 per week ($23,660 annually) to $913 per week ($47,476 annually) in order to satisfy the White Collar (executive, administrative, professional) exemption. (more…)

On July 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) released a revised Form I-9, Employment Eligibility Verification. Form I-9 is used to verify the identity and employment authorization for employees hired to work in the United States, and all U.S. employers are required to complete a Form I-9 for each individual hired to work within the United States. (more…)

The U.S. Department of Labor (the “DOL”) recently published a Final Rule updating its White Collar overtime exemption regulations. The Final Rule will become effective on December 1, 2016. The Final Rule changes the overtime pay exemption for certain salaried white collar and highly compensated employees under the Fair Labor Standards Act (the “FLSA”). The Final Rule significantly raises the base salary and wage thresholds necessary to satisfy the FLSA’s White Collar Exemption and Highly Compensated Employee Exemption, thereby creating potential overtime eligibility for salaried employees who were previously not entitled to overtime pay. (more…)

Students seeking practical job experience pursue unpaid internships in hopes of gaining valuable “real world” experience. The question that employers must answer, however, is whether such individuals can actually be treated as unpaid “interns” or whether they must be treated as employees entitled to compensation. (more…)

As social media develops and matures, companies are realizing that platforms such as Facebook, Twitter, LinkedIn, and Instagram can be used to reach customers and clients in ways that traditional print and media advertising simply cannot. (more…)

An employee handbook is an important tool for all employers, large or small. An employee handbook serves to communicate important information such as the history and mission of the company and the policies, procedures, and benefits of employment. A properly written handbook can define the expectations of the employer and (provided the company follows to established policies) help protect the company against complaints of unfair and/or inconsistent treatment and discrimination. (more…)

In today’s workplace, employees commonly use their own electronic devices for work-related tasks, such as responding to work-related emails, accessing company servers and data, reviewing and editing company documents, and performing work remotely. (more…)