Your job descriptions may be more important than you think, and what better time to review and update them than the start of the new year? In this blog, we discuss why job descriptions are important and the things to consider when updating them.

Job descriptions help set employee expectations for their responsibilities. So, as

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited employees, some thrilled and others reluctant, to return to in-person work. Though the return has restored some sense of normalcy, there are still

If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11, 2022, the publication of a proposed rule that would rescind the earlier Trump administration rule and

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without PrejudiceWhat is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of dismissal with prejudice. Other times, a plaintiff may choose to unilaterally dismiss a claim

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on Class whether it will be a collective action or class action versus an individual action and (2) a trial of the merits on whether the FLSA was actually violated. One federal district court decided No. 2

Here We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary ThresholdYou may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees.  In testimony before a Congressional committee, Secretary Walsh stated that the current amount, $35,568, is “definitely” too low and hinted that his department may seek

Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor StatusOn January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic reality test was intended to make it easier for employers to classify certain workers as independent

Don’t Let Your Employee’s “Unpaid” Meal Breaks Turn into a Costly Mistake for YouAn unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.

Identifying the Potential Problem

The problem that results from unpaid meal breaks typically arises like this:

  • Nonexempt employee clocks out for lunch, or