Could 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
Emotional Rescue: Fifth Circuit Recognizes Mental Distress Damages in FLSA Retaliation Claim
Can 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
STOP! Texas Federal Court Issues Nationwide Injunction to Department of Labor’s FLSA Salary Increases
An update on Department of Labor’s (DOL)’s controversial new overtime regulations regarding “white-collar” exemptions.
With the U.S. DOL’s regulations increasing the minimum salary for white collar exemptions scheduled to take effect next week (December 1), a federal court in Texas today issued a nationwide injunction stopping (for now) the Fair Labor Standards Act (FLSA)
Two Big Lawsuits Challenge DOL’s New Overtime Regulations, But Don’t Get Your Hopes Up
The Regulations
As we all know by now, Department of Labor’s (DOL) new regulations regarding the “white-collar” exemptions to overtime go into effect on December 1. These regulations raise the weekly salary requirement for the executive, administrative, and professional exemptions, as well as the annual salary requirement for the highly compensated employee exemption. The new
West Coast—Time to Check Your Employment Agreements: Ninth Circuit Negates No-Class Action Clause in Arbitration Agreements
This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of employment that its employees sign an agreement stating that they could not bring any class action or concerted claim regarding wages,
Isn’t it Ironic, Don’t You Think? DOL Settles Overtime Claims With Its Own Employees
Last week, attorneys for the Department of Labor (DOL) employee union announced that the government agency had agreed to pay $7 million to settle an almost 10-year-old grievance by DOL workers who claimed they were not paid for off-the-clock work. The claim covered alleged compensable time from 2003 to 2013. Part of the claims were
Employer Strategies for the DOL’s New Overtime Rule
In a recent post, my partner, Anne Yuengert, wrote about the DOL’s new overtime rule and the changes that go into effect December 1, 2016. Most significantly, the rule increases the minimum salary requirement for the executive, administrative, and professional exemptions from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).
Putting the Brakes on the DOL: USSC Finds that DOL Not Entitled to Deference on Service Manager Overtime Regulation
Yesterday, in Encino Motorcars v. Navarro, No. 15-415, the U.S. Supreme Court vacated a Ninth Circuit ruling that had deferred to a Department of Labor 2011 regulation that auto service advisors were nonexempt and should receive overtime compensation. The justices said the DOL issued the regulations giving “little explanation for its decision to abandon its
Vive Les Email Liberte! French Law Locks Down Weekend Communications with Employees
In an effort to combat work-related burnout, the French government has a new labor law requiring employers with at least 50 employees to adopt written policies restricting the hours during which employees can send or receive emails, text messages, or any other digital, work-related communication. The goal is to cut the electronic leash that constantly
DOL Issues Final Overtime Rule with Some Changes
The wait is over and the new overtime regulations are finally here. Although it will take some time to digest the more than 500 pages of the Final Rule, based on the DOL’s fact sheet, here is what you need to know:
- Effective Date: The rule becomes effective December 1, 2016, so you