For 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
Antitrust Agencies Issue Statement on Enforcement in Essential Provider Labor Markets
Antitrust concerns aren’t always at top of mind for human resources professionals. However, the federal antitrust agencies, the Federal Trade Commission and Antitrust Division of the Department of Justice, remind us that antitrust law certainly applies to employment decisions. The agencies recently issued a policy statement, Joint Antitrust Statement Regarding COVID-19 and Competition in Labor
Update: The Families First Coronavirus Response Act Is Signed Into Law and Will Take Effect April 2, 2020
Wednesday afternoon, the Senate passed the Families First Coronavirus Response Act, and President Trump signed it into law. The act contains several provisions that will significantly impact employers with fewer than 500 employees.
If this applies to you, your obligations become effective no later than April 2, 2020 – 15 days from the date of
New York Bans Inquiry into Salary History
New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York state. At least 12 other states similarly ban such questions or otherwise regulate the
Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company
A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor Standards Act (FLSA).
The Facts
Martina McBride and her husband, John, own Blackbird Studios, which hired Richard Hanson as its operations
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
Update: Maximum Ending for Alabama Minimum Wage Suit? Eleventh Circuit Affirms Lower Court’s Dismissal of Case Dealing with Inflation of Minimum Wage, But Is It the End?
Ever wonder what happened with the minimum wage fight that has been going on between Alabama and Birmingham? Well, here is the latest — the full panel on the Eleventh Circuit has now spoken: the district court rightly dismissed the lawsuit against Alabama’s governor and attorney general alleging discrimination in the state’s minimum wage law.
Six FLSA Resolutions for the New Year
With the minimum guaranteed salary requirement for the most common Fair Labor Standards Act exemptions being raised from $23,660 to $35,568, effective January 1, 2020, under a final rule issued by the U.S. Department of Labor (DOL), now seems like an opportune time to review some of the FLSA requirements so often unintentionally tripped over
When Hurricanes Cramp Your Business Style – Paying Employees in Weather Emergencies
When everyone’s phone issues that loooong beep indicating a hazardous weather warning or when you see Jim Cantore in your local airport, you know that weather could possibly affect your workplace. With hurricanes and tropical storms beginning to make landfall, we are re-posting this past group of tips on how to deal with extreme weather.