DOL Guidance On No Fault Attendance Policies
9/21/18
By: Joyce Mocek
The Department of Labor (DOL) Wage and Hour Division issued a new opinion letter on an employer’s no-fault attendance policy which effectively froze an employee’s attendance points that had accrued prior to taking the FMLA leave. The …
Salary History And Wage Gaps
4/10/18
By: Rebecca J. Smith
The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that …
Leveling the Paying Field
4/5/18
By: Michael M. Hill
The Eleventh Circuit has held differences in work experience and salary history—factors many employers traditionally consider in setting pay rates—may not justify differences in pay between employees performing the same job.
Bowen v. Manheim Remarketing, Inc.…
Service Advisors Once Again Exempt From Overtime
4/3/18
By: Brad Adler & Michael Hill
After years of back and forth in the lowers courts, the Supreme Court has ruled that service advisors at auto dealerships are exempt employees under the Fair Labor Standards Act (“FLSA”). It’s the rare …
Congress Steps Into Tip-Pooling Fight
3/23/18
By: Timothy J. Holdsworth
We wrote previously about the background on the tip-pooling regulations and the DOL’s Notice of Proposed Rulemaking (“NPR”) that would allow tip-pooling arrangements that include employees who do not regularly and customarily receive tips under the …
Governor Wolf Proposes New Overtime Rules for Pennsylvania
2/20/18
By: Christopher M. Curci
Employers may recall the Obama administration’s efforts in 2016 to increase the overtime rule salary exemption from $23,600 annually to $47,476 annually. By way of background, employers are required to pay overtime to employees who work …
DOL To Rescind 2011 Tip-Pooling Regulations
12/19/17
By: Timothy J. Holdsworth
In 2011, the U.S. Department of Labor (“DOL”) revised its regulations to support its position that the Fair Labor Standards Act (“FLSA”) requires that tipped employees retain all their tips regardless of whether the employer takes …
Are We There Yet?: Auto Service Advisor Exempt Status Under the FLSA Makes Return Trip to the Supreme Court
11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
Expect Increased Worksite Inspections by ICE in 2018
11/15/17
By: Melissa M. Whitehead
One can barely turn on the news (or look at Twitter) without hearing about the current Administration’s immigration views and policies. The topic has become so highly politicized that it can be easy to miss the …
Updates on the “Joint Employer” Standard
10/10/17
By: Tim Holdsworth
More than two years have passed since the National Labor Relations Board (“NLRB”) handed down its new and controversial joint employer standard in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). As you …
Wage and Hour Guidance for Employers Hit by Natural Disaster
9/11/17
By: Melissa M. Whitehead
When faced with a natural disaster, such as hurricanes and wild fires, there is so much to worry about – and the primary focus should always be on safety. However, in the immediate aftermath of natural …
DOL's Overtime Rule Is Struck Down
9/1/17
By: Michael M. Hill
If you heard a collective sigh of relief coming from your local business community yesterday, that may be because a federal court in Texas struck down the Department of Labor’s controversial overtime rule, which had been …