And Don’t Forget the Milk and Bread – Paying Employees in Weather EmergenciesWhen everyone’s phone issues that long beep indicating a hazardous weather warning, you know that weather could possibly affect your workplace. With blizzard season (or, in the South, snow flurry season) underway, we have updated this previously published group of tips on how to deal with extreme weather. 

Hurricanes, Blizzards, and That Dreaded TORCON Index

Sixth Circuit Scrubs Attempted Snub of Arbitration of Grubhub Paystub HubbubThere have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees, which eliminates obligations like overtime under the Fair Labor Standards Act. The Seventh Circuit this week dealt with such a

Window Washers and Telegraph Operators Beware: DOL Eliminates Specific Retail and Non-Retail Examples Under Overtime Exemption RuleFor those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no retail concept” under the FLSA’s overtime exemption for certain commissioned employees. Of course, we are being sarcastic (kind

Home for the Virus Days? How to Keep Your Workers Away from the Office to Address COVID-19 ConcernsWith companies try to keep employees safe but still conduct business while the coronavirus flattens out, employers should be mindful of their obligations to employees while working off-site.

Non-exempt Hourly Employees

Even if working remotely, pay non-exempt employees for all time worked. If your hourly employees are answering emails or calls, they need to record

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay RateThe 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. 1Here’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

Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSASometimes 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

overtime timesheetThe House of Representatives passed at least two notable measures last week.  You probably heard about the new healthcare legislation, but you may not have heard about the Working Families Flexibility Act (WFFA). Though Republican representatives were not invited to a celebration in the Rose Garden following its passage, employers need to keep an eye

Digital displays surrounding us from everywhereCould a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more employees have to adopt written policies restricting the hours that workers can send or receive

EvictionCan a plaintiff get emotional distress damages in a wage and hour claim? In December 2016, the Fifth Circuit issued an opinion of first impression where it found that a plaintiff filing a retaliation claim as part of an overtime wage dispute can seek emotional distress damages. In Pineda v. JTCH Apartment, LLC, Santiago