Last week, the U.S. Wage and Hour Division (“WHD”) announced that it will soon offer employers the chance to self-report to the WHD and potentially resolve minimum wage and overtime violations. This opportunity will be offered under the new WHD Payroll Audit Independent Determination (“PAID”) program. The employment law community is buzzing with the question: … Continue Reading
The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision which makes confidential payments or settlements … Continue Reading
As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants located in those areas. Employers sponsoring … Continue Reading
Wow, this has been one crazy roller coaster ride. Season 1 of this overtime soap opera kicked-off with President Obama directing the Secretary of Labor to “modernize and streamline” the “white collar” FLSA exemptions. In May 2016, the DOL published revised regulations that increased the exempt salary threshold from $455 per week ($23,600 annually) to … Continue Reading
More than 3 years ago, I blogged about the unjustified criticism received by then-New York Mets (and now Washington Nationals) baseball player Daniel Murphy when he missed 2 baseball games for the birth of his child. That criticism – much of it voiced by other athletes and sports commentators – put a spotlight on the … Continue Reading
On November 22, 2016, many of you breathed a (big) sigh of relief. Why? Because a Texas federal judge issued a nationwide temporary injunction precluding the U.S. Department of Labor’s (DOL) 2016 overtime regulations from going into effect on December 1, 2016. These regulations would have significantly increased the minimum salary amount for the executive, … Continue Reading
Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you were able to get a “glimpse into the future” of Labor & Employment law. Check out our Facebook album with photos from the event to see if you can spot yourself or your colleagues! Congratulations to the winners of … Continue Reading
As the fate of the Department of Labor’s revised overtime regulations remains in limbo as a result of a nationwide injunction (currently on appeal) issued in November 2016, Congress now has chimed-in on wage and hour issues potentially impacting non-exempt employees. This week, the House of Representatives passed The Working Families Flexibility Act (“the Bill”), … Continue Reading
In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records. While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was the DOL’s suspicion that Google was committing … Continue Reading
I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading
As we approach another H-1B filing season this April, we thought it would be interesting to look at the types of occupations and employers that take advantage of both the H-1B visa and permanent residence process. The U.S. Department of Labor (DOL) recently released data shedding light on who is taking advantage of our lawful … Continue Reading
SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees. But two former employees/plaintiffs claimed that the notices were legally insufficient and, … Continue Reading
With a new administration, folks in the employment world are anticipating change. Here are some key issues to keep your eyes on: Salary Test for Certain Overtime Exempt Employees– Expect the DOL to pull back or not enforce new regulations nearly doubling the salary threshold for the “white collar” exemptions to the overtime provisions of … Continue Reading
Late yesterday, a Texas federal Judge issued a nationwide temporary injunction halting the Department of Labor’s (“DOL”) new overtime regulations, which were set to significantly increase the minimum salary required for the executive, administrative and professional overtime exemptions (known as the white collar exemptions). This unexpected ruling prevents the DOL from implementing the new regulations, … Continue Reading
Not really. On October 25, 2016, the White House issued a call to action urging states to reform their non-compete laws. The call to action acknowledges that non-compete agreements are appropriate in certain circumstances, (for example, to protect trade secrets), but expressed the view that employers are, in many instances, using non-compete agreements merely as a … Continue Reading
The U.S. Department of Labor (DOL) recently published two updated workplace posters: Federal Minimum Wage poster, and Employee Polygraph Protection Act (EPPA) poster. (Note: Federal, state or local governments are exempt from the EPPA so no poster is required for these employers) The posters have been visually redesigned and includes a QR Code, which when … Continue Reading
With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for experienced HR professionals or our “Hop … Continue Reading
Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four million workers will be impacted by … Continue Reading
The Wage and Hour Division of the U.S. Department of Labor (DOL) has been busy with the Family and Medical Leave Act (FMLA) this week! New FMLA Poster There is a new FMLA General Notice, aka FMLA poster: Employee Rights Under The Family and Medical Leave Act. The substantive information about the FMLA is generally … Continue Reading
Psst- I’ve got a secret! Registration is now open for our 26th Annual Labor & Employment Law Seminar! Join us on Friday, May 20th from 8 am – 4:00 pm at the beautiful JW Marriott Marquis Miami. Past attendees requested dual track content on legal issues such as FLSA, ADA and FMLA. We’ve heard you! … Continue Reading
I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers. Drum rolls please . . . TEN WAYS TO AVOID GETTING … Continue Reading
The steady stream of cases filed by unpaid interns claiming to be owed minimum wage and overtime compensation under the Fair Labor Standards Act remains on the rise after highly publicized court decisions and settlements. However, courts continue to struggle with how to determine if and when an intern should be paid for work under … Continue Reading
A stripper, an intern, and a minor league baseball player walk into a bar . . . Where is this joke going? To court of course; this is a family-friendly legal blog! What do all three have in common – lawsuits under the Fair Labor Standards Act. A group of former minor league baseball players … Continue Reading
The U.S. Department of Labor (“DOL”) recently proposed substantial changes to the salary amounts for the FLSA’s white collar exemptions. This is the first proposed change since 2004. The DOL took this action in response to a March 2014 directive from President Obama to “modernize and streamline” the regulations for these white collar exemptions. In … Continue Reading
