The EEOC has released its annual report on the number of discrimination charges filed across the country. As has been seen over the last few years, the total number of charges continued to decline –72,675 in 2019 as opposed to 76,418 in 2018. While sex and race continue to be popular choices for charges, the
Keeping It Regular: DOL Issues Rule Clarifying Regular Pay Rate
The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay nonexempt employees overtime pay for any hours worked over 40 in a workweek. We also know that
Auld Lang Overtime: Reminder that New Thresholds on FLSA Exemptions Go into Effect Jan. 1
Here’s to hoping all our readers have a great New Year’s, but do not forget that the Department of Labor’s Wage and Hour Division is changing the threshold amount of salary necessary to meet the numerous overtime exemptions. For those that may want to focus more on fireworks and champagne than read our old blog
Same Name, Different Blame: Sixth Circuit Finds Distinction Between Troopers in Race
One of the essential factors for plaintiffs in discrimination cases can be showing that they were treated differently than a similarly situated co-worker — the inference being that they were treated differently because of their age, sex or race (or other legally protected status). In defending those allegations, companies often present facts as to how
Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not properly investigate the reasons for her termination. The Fifth Circuit affirmed a summary judgment on an age claim because
Long Time Coming for Overtime Overhaul: DOL Issues New Exemption Threshold
Today, the Department of Labor’s Wage and Hour Division issued a final rule regarding the threshold amount of salary necessary to exempt an employer from the obligation to pay overtime. The threshold since 2004 was $455 per week or $23,660 per year. The new rule raises that level to $684 per week or $35,568 per
Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSA
Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of the FLSA.
A Thousand Dollars a Day – Is It Fair Compensation?
Jeff Faludi used to practice law but began working as
Teach Your Children Well: DOL Issues Opinion Letter that Attending Child’s IEP School Meeting Is Covered by FMLA
If an employee asks for time off to attend a meeting at his or her child’s school, is that covered by FMLA? Maybe not but it depends on the nature of the meeting. If the child is disabled and the school meeting is for the child’s IEP, according to a recent opinion letter from the
Is Sleeping Working? – DOL Issues Opinion Letter on Sleeping While on the Job
When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck.
A trucker’s job is to haul a load from Point A to Point B, which often takes several days. During that time, the trucker, by law, has to
Treat Dad Fairly, Too: JPMorgan Chase Settles Claims of Gender Bias in Parental Leave Program
In May, JPMorgan Chase entered into a class action settlement regarding allegations that it treated male employees differently than female employees under the company’s parental leave program. On its face, the terms of the program appeared to be gender-neutral: 16 weeks of paid leave for “primary caregivers” and two weeks of paid leave for “secondary