Employers fearing rising labor costs can rest a little easier now after a Texas federal court struck down the U.S. Department of Labor’s (“DOL”) final rule (the “2024 Rule”), which, in July 2024, increased the minimum salary employers are required to pay employees under the executive, administrative, and professional (“EAP”), or “white collar,” exemptions to … Continue Reading
In the rapidly developing world of AI, federal regulators are again signaling that businesses and HR managers cannot depend on a “data made me do it” defense to employment decisions made with the help of AI systems. Expanding on guidance it released in May, the US Department of Labor (DOL) issued new guidance on October … Continue Reading
Don’t post anything online that you wouldn’t want your mother – or the Department of Labor – to see. Anyone who once thought that Facebook was a safe place to vent grievances or insult others probably knows by now that social media is no refuge for posting something that you wouldn’t usually say, for example, … Continue Reading
Employers have been busy preparing and reviewing their exemptions, raising salaries, and/or making updates to their classifications to comply with the new overtime rule promulgated by the Department of Labor (DOL) that went into effect on Monday, July 1, 2024.… Continue Reading
For nearly a year, we have been tracking (see here and here) the US Department of Labor’s (DOL) Final Rule modifying the salary requirements applicable to US employees who are exempt from the Fair Labor Standards Act’s (FLSA) overtime requirement under the executive, administrative, and professional (EAP) “white collar exemptions.” The Final Rule is scheduled … Continue Reading
Last year, we alerted you to a rule proposed by the U.S. Department of Labor (DOL) that would raise the weekly salary amounts necessary to qualify for certain exemptions to the requirement under the federal Fair Labor Standards Act (FLSA) that employers pay employees time-and-a-half for hours worked in excess of 40 hours in a … Continue Reading
The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified … Continue Reading
Way back in October 2022, we discussed the U.S. Department of Labor’s (DOL) issuance of a notice of new rule that would substantially change the test for whether a worker is an employee, and thus covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), or is an independent contractor, … Continue Reading
On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking (NPRM) that could significantly change the “white collar exemptions” to the overtime compensation requirements of the Fair Labor Standards Act (FLSA). Under current law, by default all employees covered by the FLSA are entitled to overtime pay at the rate … Continue Reading
In a first of its kind opinion, the U.S. Court of Appeals for the Third Circuit (which hears appeals from the federal district courts in Delaware, New Jersey, and Pennsylvania) ruled that an employer does not violate the Fair Labor Standards Act (FLSA) when it deducts time from FLSA-exempt employees’ paid time off (PTO) banks … Continue Reading
On February 9, 2023, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin addressing several vexing questions pertaining to compliance with the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) when a business employs teleworkers. Field Assistance Bulletins do not have the effect of law, but nonetheless are important … Continue Reading
An estimated 16% of American workers derive at least some of their annual income from “gig” work – “side hustles” whereby they (purportedly) choose from available, on-demand work opportunities, usually through internet-based platforms or apps, working when, where, and for as long as they want. However, the practical reality for many gig workers is that … Continue Reading
Each year, all private employers that are covered by Title VII of the Civil Rights Act of 1964 and that have 100 or more employees must file EEO-1 Component 1 data, which consists of demographic information – such as race, gender, and ethnicity information – of the employer’s workforce by job category with the U.S. … Continue Reading
On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.” The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 17, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 10, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of December 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week.In this issue, we … Continue Reading
In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading
As we reported previously, the Sixth Circuit Court of Appeals lifted the stay of enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard, which requires employers with 100 or more U.S. employees to ensure by January 4, 2022 that their workforces are fully vaccinated or ensure they test negative at least weekly … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 29, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
Our colleagues Shams Hirji and Colter Paulson at SPB’s Sixth Circuit Appellate Blog provide an update on the latest legal maneuvers involving OSHA’s Emergency Temporary Standard requiring larger US employers to require employees be vaccinated against COVID-19 or submit to regular testing and other infection prevention measures. At 2:28 a.m. this morning [November 23, 2021], … Continue Reading
After at least 34 lawsuits were filed nationwide seeking to permanently stay or rule unconstitutional the Emergency Temporary Standard (ETS) announced by the U.S. Occupational Safety and Health Administration (OSHA), which would have required that employers with 100 or more employees ensure their workers are fully vaccinated or test at least weekly for COVID-19, OSHA … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 8, 2021. *** In this issue, we cover: U.S. Economy Update Federal Vaccine Mandate Legal Challenges Update Other General COVID-19 Updates U.S. Agencies Promote Workers’ Rights Proposal … Continue Reading
