Labor and Employment

USDOL Issues Proposed Rule Setting New Salary Threshold for the “White Collar” Executive, Administrative, and Professional Employee Exemptions

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…)

USDOL Overtime Rule Update

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…)

The Supreme Court Upholds Arbitration Agreements That Waive Employees’ Right to Join a Class Action

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…)

Internships: To pay or not to pay?

As summer approaches, employers across the state will begin to receive resumes from students seeking practical work experience through internships. While internships can provide a great experience for both employers and students, one question that commonly arises is whether an intern should be paid. (more…)

USCIS Releases New Form I-9

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…)

Client Bulletin the New FLSA Regulations: What They Mean and How to Comply, June 2016

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…)

The Employee Handbook: Don’t Overlook This Important Tool

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…)