It is every employer’s nightmare: You find out that employees (or former employees) are claiming that they were not paid properly and are due overtime for the last two or three years. This primarily arises because you classified the employees as exempt (salaried) under the FLSA and they are challenging that classification, or the employees

The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016 when the DOL proposed a rule raising the threshold from $23,660 to $47,476. Litigation ensued, and a court held

Employers in Alabama (along with the rest of the country) have faced headaches the last several years with staffing shortages and shift coverage. In June, with bipartisan support, the Alabama Legislature passed House Bill 217 — a first-in-the-nation bill to incentivize hourly employees to work overtime. Beginning January 1, 2024, overtime pay will be exempt from

All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law.

The FLSA is the Great Depression-era law that requires covered employers to pay minimum wage and overtime to non-exempt employees, among other requirements. In addition to the basic

In a highly anticipated ruling under the Fair Labor Standards Act, the U.S. Supreme Court in Helix Energy Solutions v. Hewitt held that an employee did not qualify for the highly paid exemption from the FLSA’s overtime pay requirements because he was paid a daily rate and not a guaranteed weekly salary. The Court held

With Hurricane Ivan wreaking havoc, our thoughts go to those in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have updated this previously published

If you have an arbitration agreement, do you have to compel arbitration when the lawsuit is filed or can you wait awhile? This week, the Supreme Court concluded that a party litigating in federal court cannot later compel arbitration by arguing that the delay caused no harm or prejudice to the opposing party. If you

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

Essential COVID-19 Tips for Those Essentially Essential: DOL Launches New Wage and Hour Program for Essential WorkersThe Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on the frontline of battling the pandemic. Those positions include workers in grocery stores, healthcare, retail, delivery services and agriculture. The program will