On August 28, 2018, the Wage and Hour Division of the United States Department of Labor (“WHD”) issued four new opinion letters interpreting various aspects of the federal Fair Labor Standards Act (“FLSA”). In addition, the WHD has announced plans to analyze and consider changes to the FLSA’s white collar overtime exemption regulations applicable to … Continue Reading
Massachusetts Imposes One-Year Cap and Other Restrictions On Non-Compete Agreements The Massachusetts Noncompetition Agreement Act (see link, at Section 24L) (“MNAA”) effective October 1, 2018, places new restrictions on the length and applicability of non-compete agreements between employers and employees who work within the state of Massachusetts. (Note that the law defines employees to include … Continue Reading
The National Minimum Wage rates have increased, bringing new risks for employers. Employers may now find themselves breaching the regulations for something as simple as asking employees to provide an item of uniform, and the penalties for non-compliance can be severe. On 25 June 2018, National Minimum Wage lawyers James Pike and Laura McLellan will be hosting this … Continue Reading
As we blogged earlier this year, in March 2018, the United States Department of Labor (DOL) announced a new program, referred to as PAID (or, Payroll Audit Independent Determination), under which employers may voluntarily apply for DOL assistance in resolving potential claims for wage underpayment under the federal Fair Labor Standards Act (FLSA). As previously … Continue Reading
On Friday, January 5, 2018, the United States Department of Labor (“DOL”) issued a statement that it will no longer follow its six-factor test in determining whether an individual is a non-employee intern (rather than an employee) under the Fair Labor Standards Act (“FLSA”), and instead will apply a broader analysis commonly referred to as … Continue Reading
The Fair Labor Standards Act (“FLSA”) provides that employers ordinarily must pay their non-exempt employees at least the federal minimum hourly wage of $7.25. However, employers may pay “tipped employees” as little as $2.13 per hour if they regularly earn more than $30 per month in tips, and then make up the difference between the … Continue Reading
In the current political environment, employers and employees alike may be wondering – what, if any, political conversation in the workplace is acceptable or appropriate? Tones of “freedom of speech,” “freedom of association,” on one hand, intersect with tenors of “workplace harassment” or simple annoyance, on the other. Although like the political debates themselves, the … Continue Reading
On November 8, 2016, voters in the City of San Jose approved the “San Jose Opportunity to Work Ordinance.” The Ordinance is well-intentioned, but open to significant interpretation. This is important, given the potential exposure to steep penalties and legal liability for failure to comply. Here, we break down what you need to know, and … Continue Reading
As we previously reported, in November 2016, a Texas District Court’s temporary restraining order halted implementation of the Obama administration’s Department of Labor (DOL) regulations that were set to expand overtime pay for many US workers starting in December 2016. The Obama administration’s Department of Justice (DOJ) appealed that order, and asked for expedited review by the … Continue Reading
2016 was another year filled with changes and new requirements for federal contractors and subcontractors. And the Office of Federal Contracts Compliance Programs (OFCCP) has continued its record of active enforcement. It is generally expected that the election of Donald Trump to the presidency will mean a more employer-friendly climate. Many believe that Trump will … Continue Reading
As 2016 draws to a close, our final state law round-up will provide information about minimum wage increases taking effect in 2017, some recent developments on the local sick leave law front, information about sick leave laws going into effect in January 2017, and other employment laws going into effect in January 2017. Employers with … Continue Reading
