Articles

New Overtime Pay Rule Takes Effect 2020

October 1, 2019

Overtime pay will now be available to an additional 1.3 million American workers as a result of a final rule issued by the U.S. Department of Labor (“DOL”) on September 24, 2019. The updated overtime pay rule increases the earnings limit needed to exempt certain employees from the Fair Labor Standards Act’s (“FLSA”) overtime pay […]

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DOL Overtime Rule Proposed

April 11, 2019

DOL Proposes Expanded Overtime Rule Overtime eligibility for more than 1 million workers across the United States would be expanded under a March 7, 2019 proposed rule issued by the Wage and Hour Division of the Department of Labor (“DOL”). Since 2004, employers must pay overtime to salaried employees who receive less than $455 per […]

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FLSA Opinion Letter on Residential Janitors

April 10, 2019

A new FLSA opinion letter reviews whether the FLSA’s minimum wage and overtime pay requirements apply to residential janitors, considering such employees are exempt under similar state law. On March 14, 2019, the Wage and Hour Division of the U.S. Department of Labor actually issued three new wage and hour opinion letters. Individuals or entities […]

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FMLA Opinion Letter 2019-1-A on Leave Delay

April 10, 2019

Delayed leave under the Family and Medical Leave Act (“FMLA”) and related compliance issues were addressed by the Department of Labor in a recent opinion letter. FMLA 2019-1-A provided an opinion on whether an employer may delay designating paid leave as FMLA leave or permit employees to expand their FMLA leave beyond the 12-week entitlement. […]

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Non-Compensable Time “On” or “Off” Duty Addressed by DOL

September 13, 2018

Two new DOL opinion letters on non-compensable work under the Fair Labor Standards Act (FLSA), both of which favor management, were recently issued by the U.S. Department of Labor’s Wage and Hour Division. Two compensation matters were addressed in FLSA 2018-20 and FLSA 2018-22: Whether employers must compensate employees for their participation in wellness activities, […]

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FMLA Compliance Opinions Issued by DOL

September 11, 2018

FMLA compliance guidelines clarifying leave under the Family and Medical Leave Act were issued by the Department of Labor (“DOL”) on August 28, 2018 in the form of two opinions.  FMLA 2018-1-A addresses how employers can comply with the FMLA when calculating points for absences and tardiness under a no-fault attendance policy. FMLA 2018-2-A concerns whether an […]

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Overtime Pay Exemption Clarified by DOL

September 11, 2018

The exemption of overtime pay for employees of two types of establishments, one being retail or service and the other being movie theaters, is clarified in two opinions issued by the U.S. Department of Labor (“DOL”) on August 28, 2018. Even though the two opinions contain different criteria for determining the applicability of the exemption, […]

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New York City Adopts Sexual Harassment Guidelines

August 28, 2018

In May 2018, the New York City Counsel enacted the Stop Sexual Harassment in NYC Act with the goal of protecting the city’s workers from sexual harassment. As an amendment to the New York City Human Rights Law and the New York City Charter, this new local ordinance extends to employers with fewer than five […]

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Supreme Court Upholds Arbitration Clauses

June 16, 2018

Employers can use arbitration clauses in employment contracts to prohibit workers from participating in class action lawsuits to challenge workplace policies, according to a ruling by the U.S. Supreme Court issued on ruled on May 21, 2018. The case is EPIC Systems Corp. v. Lewis, (No. 16-285). The court opinion states in part, As a […]

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New Overtime Rule Expands Pay Eligibility

June 9, 2016

Millions more American workers recently became eligible for overtime pay. An overtime rule issued by the DOL in 2016 provides that most salaried workers earning less than $47,476 a year will be eligible for overtime pay. Previously, only salaried workers earning under $23,660 were eligible to receive overtime pay. The Department of Labor expects the […]

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