Ver la versión en español aquí For the first time in 50 years, the U.S. Department of Labor (DOL) updated the “regular rate” of pay standard used for overtime calculations. Why does this matter? Under the Federal Fair Labor Standards Act (FLSA), a nonexempt hourly employee must be paid “time and one-half” of their “regular … Continue Reading
Ver la versión en español aquí On October 25, Elitsa posted on the increase in Florida’s minimum wage to $8.56 an hour, effective January 1. Because of that increase, Florida employers who take a tip credit must pay tipped employees a direct wage of at least $5.54 per hour. The U.S. Department of Labor has … Continue Reading
Ver la versión en español aquí We are pleased to welcome attorney Stephanie Turk to our Labor & Employment Law group in Miami. Yes, she is my daughter-in-law. Stephanie brings experience in both Employment Litigation and Employment Counseling. On the litigation side, Stephanie defends employers in a variety of employment matters including discrimination, retaliation, wage and hour, … Continue Reading
Ver la versión en español aquí It sounds dreamy doesn’t it? The other morning on my drive to work, I heard a story on the radio program Marketplace about four day workweeks. According to the most recent Marketplace – Edison Research Poll, nearly two-thirds of the workers polled said they would prefer a four day … Continue Reading
Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading
Ver la versión en español aquí The recent budget bill contains big changes for businesses with tipped employees. The new law provides that an employer (including its managers and supervisors) may not keep any portion of its employees’ tips even if the employer does not take a tip credit, which is a maximum of $3.02 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí Florida and federal law allow restaurants and hotels to pay tipped employees minimum wage, less a credit of $3.02 per hour against tips received. Tips can be pooled and then redistributed to those who are in traditionally tipped positions. However, if an employer wrongly allows non-tipped employees to share … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
techVer la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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” … 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
Ver la versión en español aquí 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, … 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
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
