Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws and Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Breaking News: Judge Prevents Overtime Rule Implementation Nationally

November 23rd, 2016|Categories: Daniel Fishman, FLSA, Thomas J. Gallitano|

On November 22, a federal district court judge in Texas issued a temporary injunction that prevents the Department of Labor’s overtime rule from going into effect nationally. The overtime rule would have raised the minimum yearly salary to qualify under the Fair Labor Standards Act’s (FLSA) white collar exemptions from $23,660 to $47,476. For an

DOL Issues Final FLSA Regulations, Increasing Exemption Threshold

May 18th, 2016|Categories: Anthony Bova, DOL, FLSA, Human Resources Compliance, Wage & Hour|

UPDATE – In our blog post on July 14, 2015, we described the Department of Labor’s proposed updates to the FLSA’s overtime regulations. As of today, May 18, 2016, President Obama and Secretary of Labor Thomas Perez announced the publication of the DOL’s final rule updating the overtime provisions, which will now extend automatically to

Update to Expected Increases in Minimum Salary Levels for Exempt Employees

April 16th, 2016|Categories: DOL, FLSA, Human Resources Compliance, Mary E. (Beth) O'Neal, Wage & Hour|

We last wrote about the expected increases in to the minimum exemption salaries in our blog post from July 14, 2015. Since that time, the increases have not been enacted, but are getting closer. Recap The DOL has proposed new regulations increasing the salary basis applicable to exempt employees under the FLSA, as well as

DOL’s Expansive View of Joint Employment – It’s Not Limited to Control

March 15th, 2016|Categories: Alexis P. Theriault, DOL, FLSA, Laws and Regulations|

Employers should be aware of U.S. Department of Labor Administrator’s Interpretation No. 2016-1, recent guidance discussing joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The Interpretation highlights that joint employment has become more common in recent years, and describes in detail the Wage and

Supreme Court Limits Effectiveness of Rule 68 Offers as a Tool to Combat Class Action Litigation

February 4th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, FLSA, Laws and Regulations, Litigation|

Since the advent of modern class action litigation in the 1960s, companies have struggled to stem the tide of these time-consuming and expensive lawsuits. Consider the following strategy. After learning that a plaintiff has filed a putative class action against it, the company offers to fully and completely compensate the named plaintiff for its injuries,

Who’s in Charge? Burgers, Donuts, & the Bona Fide Executive Exemption to the FLSA’s Overtime Pay Requirements

February 3rd, 2016|Categories: Adam M. Santeusanio, FLSA, Johanna Matloff, Laws and Regulations, Wage & Hour|

The First Circuit recently held that a material factual dispute existed as to whether store managers employed by Dunkin’ Donuts qualified as “bona fide executives” under the Fair Labor Standards Act (“FLSA”), and as such, were exempt from the FLSA’s overtime requirements. Marzuq v. Cadete Enters., 807 F.3d 431 (1st Cir. 2015) (hereinafter Dunkin’

DOL Now Enforcing Final Rule Extending FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

December 29th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog posts on September 1 and September 15, 2015, we discussed the impact and implementation of Home Care Association of America v. Weil, a recent decision rendered by the Court of Appeals for the District of Columbia Circuit. In Weil, the court affirmed a Department of Labor (“DOL”) final rule extending minimum

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