DOL Invites Public Comment on Overtime Rule
7/26/17
By: Paul H. Derrick
The U.S. Department of Labor has announced that it is formally seeking public comment on the 2016 compensation revisions in the regulations defining the federal Fair Labor Standards Act’s so-called “overtime rule” or “white collar” exemptions.…
Circuit Split at a Tipping Point
7/19/17
By: Michael M. Hill
Many people know that employers in hospitality industries, like restaurants and hotels, where employees customarily receive tips from customers, are allowed under federal law to pay their tipped employees less than the federal minimum wage as …
A “Day of Rest” Clarified in California
5/25/17
By: Matthew Jones
Over the years there has been uncertainty regarding California Labor Code’s regulations regarding a day of rest. The applicable Labor Code sections are 552, which prohibits an employer from “caus[ing] [its] employees to work more than six …
Comp Time: Coming Soon to a Workplace Near You?
5/12/17
By: Paul H. Derrick
For the first time in many decades, private sector employers are a step closer to being able to provide compensatory time off (“comp time”) to their employees instead of paying monetary wages for overtime. Under current …
Be on the Lookout for Minimum Wage Increases in 2017
12/20/16
By: Brad Adler and Agne Krutules
As we enter into 2017, employers should remember that, while the federal minimum wage remains at $7.25, many state and local jurisdictions have passed legislation that will increase their respective minimum wage in 2017.…
States File Lawsuit to Block New Department of Labor Overtime Rules
9/22/16
By: Timothy Holdsworth
On September 20, twenty-one (21) states filed a challenge to the Department of Labor’s (“DOL”) increases to the minimum salary included in the final rules amending the Fair Labor Standard Act’s (“FLSA”) White Collar Exemptions, released in …
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …
Supreme Court Slams the Door on Homecare Employers
7/15/16
By: Agne Krutules
Much to the dismay of employers who employ home healthcare workers, on June 27, 2016, the Supreme Court declined to hear Home Care Association of America v. Weil, a case challenging the Department of Labor (DOL) …
Remember Your Safety P’s and Q’s – OSHA Issues New Reporting and Anti-Retaliation Regulations
7/11/16
By: Agne Krutules
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rules on discrimination and injury and illness reporting. 81 Fed. Reg. 29624. The new anti-discrimination and anti-retaliation rules go into …
The Ninth Circuit Gets a Mulligan
6/22/16
By: Brad Adler and Michael Hill
In February, we wrote about the U.S. Department of Labor’s unexpected decision to change the decades-long understanding of the salesman exemption to the Fair Labor Standards Act (FLSA) and the ruling of the Ninth …
New EEOC Guidance on Employer-Provided Leave Under the Americans with Disabilities Act
6/21/16
By: Michael Hill
The EEOC recently issued new guidance on employer-provided leave under the Americans with Disabilities Act (ADA), which contains useful information on the EEOC’s focus relating to providing reasonable accommodations for employees with disabilities. Employers should review their …
Seventh Circuit Declares Class Action Waivers Unenforceable, Creates Circuit Split
6/2/16
By: Tim Holdsworth
Last week, the U.S. Court of Appeals for the Seventh Circuit bucked the appellate trend and held that arbitration agreements containing class and collective action waivers violate the National Labor Relations Act and are unenforceable under the …
