EmploymentLawMarketing.com https://www.employmentlawmarketing.com EPLI Panel Consultant / Employment Defense Marketing Tue, 01 Oct 2019 17:42:28 +0000 en-US hourly 1 https://www.employmentlawmarketing.com/wp-content/uploads/2018/07/cropped-Logo-ELM-navy2xx-32x32.png EmploymentLawMarketing.com https://www.employmentlawmarketing.com 32 32 New Overtime Pay Rule Takes Effect 2020 https://www.employmentlawmarketing.com/2019/10/01/new-overtime-pay-rule-takes-effect-2020/ https://www.employmentlawmarketing.com/2019/10/01/new-overtime-pay-rule-takes-effect-2020/#respond Tue, 01 Oct 2019 17:42:28 +0000 http://www.employmentlawmarketing.com/?p=690 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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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 and minimum wage requirements.

Additionally, the updated rule permits employers to allocate a part of qualifying bonuses and/or commissions towards reaching the required salary level. These new limits were calculated to account for increases in employee wages since the limits had not been updated since 2004.

Specifically, the final overtime pay rule provides that:

  • The “standard salary level” be raised from the current level of $455 per week to $684 per week. This is equivalent to an annual salary of $35,568 for year of full-time work.
  • The total annual compensation amount for being excluded from overtime eligibility by being considered a “highly compensated” employee will be raised from $100,000 per year from the previous amount of $107,432.
  • Special salary revisions for workers in U.S. territories and the motion picture industry will be implemented
  • Employers are now allowed to use incentive payments (such as commissions) and non- discretionary bonuses which are paid at least annually to satisfy up to 10% of the standard salary amount. This is in response to changing pay practices.

The final rule is effective starting on January 1, 2020.

Key Numbers from the New Rule

It is estimated that the new overtime pay rule will result in an additional $298.8 million in extra pay that roughly 1.3 million workers who were previously ineligible for overtime will now receive each year. The new salary requirement is $684 per week.

There is a special lower requirement of $455 per week for workers in Puerto Rico, U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. The special salary level is $380 per week for workers in American Samoa.

The base rate for employees in the motion picture industry will be $1,043 per week.

What Determines if an Employee Falls Within One of the Exemptions?

Generally, an employee must be salaried to qualify for an exemption to the overtime pay rule. This means that they are paid a fixed rate which is not subject to reductions based on quality or quantity of their output. This is known as the “salary basis test.” The salary level of $684 per week must be met as well. Finally, the employee must perform primarily executive, professional, or administrative duties, as are detailed in the DOL’s regulations. This is known as the “duties test.”

Certain employees, such as doctors and lawyers, are not subject to the salary basis or salary level tests. Highly compensated employees (“HCEs”) who earn more than $107,432 per year and satisfy the duties test are also provided an exemption.

What If a State Has Its Own Overtime Pay Laws?

The FLSA sets minimum wage and hour standards and will not interfere with a state that wishes to establish its own protective standards. If a state implements a more protective standard than that provided by FLSA, the higher standard will apply in that state.

What Are the Costs of the New Overtime Pay Rule?

The DOL quantified three costs to employers: a) the cost of familiarizing themselves with new regulations; b) the cost of adjustments; and c) managerial costs. They arrived at a total estimated cost to employers of $173.3 million, assuming a 7% discount rate.

Proposed Rulemaking: Regular Rate

On March 29, 2019, the DOL proposed a rule which would update regular rate requirements under Section 7(e).  Current rules discourage employers from including certain perks in their employee’s compensation, as it may be included in calculating an employees’ regular rate of pay.

The new rule proposes that employers be allowed to exclude the following costs from an employee’s pay rate: gym access and wellness programs, payments for unused sick leave, reimbursed expenses, travel expenses subject to certain regulatory requirements, discretionary bonuses, benefit plans, and tuition programs such as those involving repayment of educational debt. The comment period for this rule ended on June 12, 2019.

Coverage Under the Fair Labor Standards Act

The FLSA applies to enterprises defined as follows: (1) those that have an annual dollar volume of sales or business done of at least $500,000; or (2) hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.

Individual coverage of the FLSA applies to employees if their work regularly involves them in commerce between States (“interstate commerce”).

Employment Defense Marketing Consultant for Law Firms

If your insurance or employment defense law firm is asking how you can get on more employment practices liability insurance (EPLI) panels, give us a call. We have helped more than 160 insurance defense law firms in 37 states pursue new insurance panel counsel clients.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We make it our business to identify who you need to contact at an insurance company, corporation or municipality to be considered as a panel counsel member. We accelerate your business development process by helping you focus on introducing your law firm to new prospective clients.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

Disclaimer

This article is provided for educational purposes only. It is not to be interpreted as legal advice or an opinion in regard to any topic discussed. The article should not be used as a substitute for legal advice from a licensed attorney in your state. Every situation is different and circumstances vary widely depending on the governing state law, policy provisions, and related considerations.

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DOL Overtime Rule Proposed https://www.employmentlawmarketing.com/2019/04/11/dol-overtime-rule-epli-panel-employment-defense/ Thu, 11 Apr 2019 13:25:14 +0000 http://www.employmentlawmarketing.com/?p=661 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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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 week ($23,660 annually) for any time spent working over the traditional 40-hour work week. Other workers with higher salaries may be also be eligible for or excluded from overtime depending upon their specific job duties. For example, “highly compensated employees” have a total annual compensation requirement of $100,000 per year.

The DOL attempted to increase the salary threshold in May 2016 and to enact an automatic update provision that would increase that threshold every three years. The change was quickly enjoined by the U.S. District Court for the Eastern District of Texas. Since then, an appeal at the U.S. Court of Appeals for the Fifth Circuit has been held in abeyance as the Department of Labor engaged in further rulemaking on the issue while continuing to enforce the 2004 rule.

Under the proposed rule, the salary threshold would be increased to $679 per week ($35,308 per year). Other workers with high salaries may still be eligible for or excluded from overtime depending upon their specific job duties. For example, the new rule would increase the total annual compensation requirement for “highly compensated employees” to $147,414 per year. Additionally, the new rule would enact special salary levels for employees in the motion picture industry and varying levels for employees in various United States territories.

The proposed rule would not change the job duties test. Nor would it make any changes to the overtime protections for police officers; firefighters; paramedics; nurses; laborers including non-management production-line employees; and non-management employees in maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, and other construction workers.

The proposed rule would not enact automatic adjustments to the salary threshold. Instead, the Wage and Hour Division would make a commitment to periodically review and update the salary threshold after the required notice-and-comment rulemaking process. Additionally, employers will be allowed to use nondiscretionary bonuses and other annual or more frequent incentive payments (such as commissions) to satisfy up to 10 percent of the standard salary level.

“Our economy has more job openings than job seekers and more Americans are joining the labor force,” said Secretary Alexander Acosta. “At my confirmation hearings, I committed to an update of the 2004 overtime threshold, and today’s proposal would bring common sense, consistency, and higher wages to working Americans.”

The Wage and Hour Division held six in-person listening sessions across the nation and received more than 200,000 comments as part of a 2017 Request for Information (RFI) from the public while developing the proposal. Participants in both the in-person listening sessions and RFI overwhelmingly agreed that the overtime salary threshold needed to be increased.

The public comment period will close on May 21, 2019 after remaining open for 60 days.

What this Means for Employment Defense Law Firms and EPLI Panel Counsel

Legal Expert Connections, Inc. recommends, creates, and implements an education-based marketing program for employment defense law firms and practice groups. Educating employers about employment laws in order to insure compliance and avoid litigation is a significant portion of an employment defense lawyer’s work. This article is an example of how we support educational marketing opportunities for employment defense law firms to increase their visibility through blog posts, social media articles, client alerts, and continuing education seminars.

Employment Law Marketing Services for Defense Law Firms and EPLI Panel Counsel

This article is a sample of the content marketing services available from Legal Expert Connections, Inc. (and is not for reuse or republication). We have helped more than 150 insurance defense law firms in 36 states pursue new insurance panel counsel clients and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

Disclaimer

This article is provided for educational purposes only. It is not to be interpreted as legal advice or an opinion in regard to any topic discussed. The article should not be used as a substitute for legal advice from a licensed attorney in your state. Every situation is different and circumstances vary widely depending on the governing state law, policy provisions, and related considerations.

© Legal Expert Connections, Inc. – Not to be used, copied or reproduced without permission.

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FLSA Opinion Letter on Residential Janitors https://www.employmentlawmarketing.com/2019/04/10/flsa-opinion-letter-on-residential-janitors/ Wed, 10 Apr 2019 19:45:49 +0000 http://www.employmentlawmarketing.com/?p=663 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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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 may request an opinion letter from the Department’s Wage and Hour Division. These official written opinions provide guidance on how a particular law applies in the specific circumstances presented.

This article focuses on FLSA opinion letter 2019-1 and 2019-2. Click on the link to read our separate article addressing FMLA Opinion Letter 2019-1-A on Leave Delay.

State Law Exemptions and FLSA Compliance

FLSA 2019-1 addressed three issues relating to the application of the FLSA in light of a New York state law which exempts residential janitors, such as live-in superintendents that maintain multi-unit residential buildings, from state minimum wage and overtime requirements. No such similar exemption exists within the FLSA.

Minimum Wage and Overtime

First, the first FLSA opinion reviews whether the FLSA’s minimum wage and overtime pay requirements apply to residential janitors, considering such employees are exempt under similar state law.

If minimum wage and overtime laws at the federal, state, or local level differ from the FLSA requirements, employers must comply with both laws in a way that meets the standard which provides employees with the greatest protection. Thus, residential janitors are not exempt from the FLSA’s minimum wage and overtime requirements, despite a similar state law exemption.

Employer’s “Good Faith” Defense for Noncompliance

Next, the first FLSA opinion reviews whether an employer who relies on this state law exemption may be used to demonstrate “good faith” in its noncompliance with the FLSA. Such a good faith defense would permit the employer to avoid liquidated damages and the FLSA’s three-year back wage liability period.

In most cases, the statute of limitations for such claims under the FLSA is two years. The statute of limitations is extended to three years in cases of willful violations where the employer knew the conduct was prohibited or showed reckless disregard for the FLSA’s requirements. An employer that can show it had reasonable grounds for believing its act or omission was not a violation may, in the court’s discretion, have a “good faith” defense denying liquidated damages.

The Department of Labor’s Wage and Hour Division does not consider an employer’s reliance on a state law exemption from state law minimum wage and overtime requirements as an adequate basis for a good faith defense to noncompliance with the FLSA. However, the Division explained that courts retain the discretion to make that decision in each individual case.

Recordkeeping

Finally, the first FLSA opinion reviews how employers should track and record the hours that a residential janitor works. An employee who permanently resides or spends extended periods of time on the employer’s premises is not considered to be working all the time he is on the premises. Specifically, all time spent in normal private pursuits (such as eating, sleeping, entertaining, and other periods of complete freedom from all duties) is not considered hours worked.

In instances where the employer and residential janitor have reached a reasonable agreement about which hours will be worked considering all pertinent facts, employers need not keep precise records of the residential janitor’s working hours. Such records comply with the law if they generally coincide with the reasonable agreement. A new agreement must be made if the parties determine that the recorded hours significantly deviate from the initial agreement.

Community Service Time

FLSA 2019-2 addressed two issues regarding the time an employee spends volunteering both during and outside of normal working hours.

Compensability of Community Service Time

First, the second FLSA opinion reviews whether time spent on an employer’s optional volunteer program is hours worked under the FLSA when the employer provides a monetary bonus to the group of employees that has the greatest community impact.

The FLSA does not intend “to discourage or impede volunteer activities.” As such, the FLSA does not consider an individual an employee if he or she volunteers without contemplation or receipt of compensation and without coercion, undue pressure, or ramifications if an employee chooses not to participate.

Even if the employer actively promotes participation, volunteer hours are not hours worked so long as non-participation does not adversely affect the employee. Additionally, employers may compensate employees for volunteering during normal working hours without altering an employee’s volunteer status for such activities outside of normal working hours. Finally, an employer may use an employee’s volunteer hours outside of normal working hours as a factor in determining bonuses without treating those volunteer hours as hours worked if (1) volunteering was optional, (2) not volunteering has no adverse effect on the employee, and (3) the bonus is not guaranteed.

Tracking Volunteer Hours

Finally, the second FLSA opinion reviews whether an employer may track an employee’s volunteer hours on a mobile device application. The Department of Labor’s Wage and Hour Division explained that a mobile device application may be used to track an employee’s volunteer hours, so long as the employer does not use the application to direct or control the employee’s activities. Such direction or control occurs, for example, when the employer provides the employee with specific instructions about where or how an employee volunteers. If an employee spends time volunteering according to such instructions, those hours are considered hours worked under the FLSA.

What this Means for Employment Defense Law Firms and EPLI Panel Counsel

Legal Expert Connections, Inc. recommends, creates, and implements an education-based marketing program for employment defense law firms and practice groups. Educating employers about employment laws in order to insure compliance and avoid litigation is a significant portion of an employment defense lawyer’s work. This article is an example of how we can help employment defense law firms increase their visibility through blog posts, social media articles, client alerts, and continuing education seminars.

Employment Law Marketing Services for Defense Law Firms and EPLI Panel Counsel

This article is a sample of the content marketing services available from Legal Expert Connections, Inc., and not for reuse or republications without permission. We have helped more than 150 insurance defense law firms in 36 states pursue new insurance panel counsel clients and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

Disclaimer

This article is provided for educational purposes only. It is not to be interpreted as legal advice or an opinion in regard to any topic discussed. The article should not be used as a substitute for legal advice from a licensed attorney in your state. Every situation is different and circumstances vary widely depending on the governing state law, policy provisions, and related considerations.

© Legal Expert Connections, Inc. – Not to be used, copied or reproduced without permission.

The post FLSA Opinion Letter on Residential Janitors appeared first on EmploymentLawMarketing.com.

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FMLA Opinion Letter 2019-1-A on Leave Delay https://www.employmentlawmarketing.com/2019/04/10/fmla-opinion-letter-2019-1-a-on-leave-delay/ Wed, 10 Apr 2019 19:45:00 +0000 http://www.employmentlawmarketing.com/?p=651 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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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.

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 may request an opinion letter from the Department’s Wage and Hour Division. These official written opinions provide guidance on how a particular law applies in the specific circumstances presented.

This article focuses on the FMLA opinion letter, and a separate article will address opinions related to the Fair Labor Standards Act (“FLSA”). Click on the link for our related blog post FLSA Opinion Letter on Residential Janitors.

Under the FMLA, covered employers must allow eligible employees to take up to 12 weeks of unpaid job-protected leave per year for specified family and medical reasons. In certain limited circumstances where an eligible employee is a military caregiver, leave may be extended up to 26 weeks to care for a spouse, son, daughter, parent, or next of kin who is a covered service member with a serious illness or injury.

The FMLA clearly provides that employers may allow or require employees to run their accrued paid leave concurrently with any part of the unpaid FMLA entitlement period. This is known as “substituting” accrued paid leave. The employer is responsible for designating leave as FMLA qualifying leave. Absent extenuating circumstances, this triggers a written “designation notice” requirement within five business days after an employer “has enough information to determine whether the leave is being taken for a FMLA-qualifying reason.”

However, the FMLA allows employers to enact more generous leave policies. In other words, the FMLA guarantees a minimum entitlement of 12 weeks leave for eligible employees of covered employers, but employers may provide for additional non-FMLA sick leave. In such cases, employees may not bring suit under the FMLA if an employer violates its own non-FMLA sick leave policy that is more generous than the FMLA leave requirements.

Employers may not delay the designation of FMLA-qualifying leave. Neither the employer nor the employee may delay FMLA protection for leave once an employer has enough information to determine whether leave qualifies under the FMLA. Thus, that qualifying leave will be protected by the FMLA and count toward the employee’s 12-week allotment under the FMLA.

Additionally, while employers must observe their own employment benefit program that may be more generous than the FMLA, employers may not designate more than 12 weeks of leave (or 26 weeks in the case of military caregiver leave) as FMLA-protected leave.

By issuing this opinion, the Department of Labor’s Wage and Hour Division expressed its disagreement with the Ninth Circuit’s opinion in Escriba v. Foster Poultry Farms, Inc. which held that an employee may preserve FMLA leave for later use by instead electing to use non-FMLA leave for an FMLA-qualifying reason.

What this Means for Employment Defense Law Firms and EPLI Panel Counsel

Legal Expert Connections, Inc. recommends, creates, and implements an education-based marketing program for employment defense law firms and practice groups. Educating employers about employment laws in order to insure compliance and avoid litigation is a significant portion of an employment defense lawyer’s work. This article is yet another example for employment defense law firms to increase their visibility through blog posts, social media articles, client alerts, and continuing education seminars.

Employment Law Marketing Services for Defense Law Firms and EPLI Panel Counsel

This article is a sample of the content marketing services available from Legal Expert Connections, Inc. (and not for reuse or republication).  We have helped more than 150 insurance defense law firms in 36 states pursue new insurance panel counsel and self-insured clients and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

Disclaimer

This article is provided for educational purposes only. It is not to be interpreted as legal advice or an opinion in regard to any topic discussed. The article should not be used as a substitute for legal advice from a licensed attorney in your state. Every situation is different and circumstances vary widely depending on the governing state law, policy provisions, and related considerations.

© Legal Expert Connections, Inc. – Not to be used, copied or reproduced without permission.

The post FMLA Opinion Letter 2019-1-A on Leave Delay appeared first on EmploymentLawMarketing.com.

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Non-Compensable Time “On” or “Off” Duty Addressed by DOL https://www.employmentlawmarketing.com/2018/09/13/non-compensable-time-flsa-epli-panel/ Thu, 13 Sep 2018 13:31:33 +0000 http://www.employmentlawmarketing.com/?p=629 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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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, and
  • Whether companies can forgo compensating volunteers even though they continue to pay for expenses associated with volunteering.

In looking at these two opinions, companies may now want to consult with their employment defense attorney to consider reclassifying some activities or positions as non-compensable so long as participation is voluntary.

Wellness Activities

Employers can reevaluate whether the time employees spend at wellness activities is considered non-compensable work.

To qualify as such, FLSA 2018-20 sets forth the following criteria:

  • Employees’ participation in such activities is voluntary,
  • The activities benefit the employees, not the employers directly,
  • Employees are able to use that time solely for their own purpose and are relieved of their work duties.

Pay Day, Payroll, EPLI Panel CounselIf all these elements are met, the employee’s time spent at wellness activities is non-compensable because the employee is sufficiently considered “off-duty” under 29 C.F.R. §785.16. (FLSA 2018-20).

It is important to note that employers may still need to consider the possibility of paying for such time if employers receive some sort of indirect benefit from their employees’ participation in wellness activities because the opinion in FLSA 2018-20 is silent on the effect of indirect benefits on compensable work. A qualified employment defense attorney can assist an employer in making this and related determinations.

Volunteer Activities

In response to FLSA 2018-22, companies and organizations can reevaluate the classification of short-term employees as volunteers if they do not receive compensation for the services but still receive compensation for expenses related to incidentals.

To qualify as a volunteer, FSLA 2018-22 maintains that the person cannot receive compensation for their services and, in doing so, not be coerced financially through any means. At the same time, the company or organization can still provide compensation to cover expenses associated with their volunteering services such as “travel, lodging, meals, and other expenses incidental to volunteering.” (FLSA 2018-22)

Overall Perspective

Regarding both wellness and volunteer activities, the key to recognizing participation in the activity as non-compensable paid time is in the voluntary nature of the activities.

Just as wellness activities are meant to benefit employees rather than the employers, volunteer activities such as the one discussed in FLSA 2018-22 benefit individuals professionally in terms of the experience and recognition for being selected for such a position. It is important to note that whereas employees must be relieved of their duties during wellness activities as mentioned in FLSA 2018-20, a volunteer is not necessarily “off-duty” as indicated in FLSA 2018-22.

In the case of a Grader as described in FLSA 2018-22, there is some level of responsibility associated with grading examinations for the company. Even though this could be considered “on-duty,” the volunteer freely and willingly engages in this activity for the professional recognition and growth.

Keeping in mind the differences between wellness and volunteer activities, companies may now be able to reevaluate a variety of activities that fall under wellness programs or professional development to determine whether any qualify as non-compensable time, whether it is considered “on” or “off” duty. A qualified employment defense attorney can assist an employer in evaluating the implications of FLSA 2018-20 and FLSA 2018-22.

What this Means for Employment Defense Law Firms and EPLI Panel Counsel

Legal Expert Connections, Inc. recommends, creates, and supports an education-based marketing program for employment defense law firms and practice groups. Educating employers about employment laws in order to insure compliance and avoid litigation is a significant portion of an employment defense lawyer’s work. The FLSA guidelines on non-compensable time represent yet another educational opportunity for employment defense law firms to increase their visibility through blog posts, social media articles, client alerts, and continuing education seminars.

 Disclaimer

This article is provided for educational purposes only. Information is believed to be accurate but is not guaranteed and is not to be interpreted as legal advice or an opinion in regard to any topic discussed. The article should not be used as a substitute for legal advice from a licensed attorney in your state. Every situation is different, and circumstances vary widely depending on the governing state law, policy provisions, and related considerations.

Employment Law Marketing Services for Defense Law Firms and EPLI Panel Counsel

This article is a sample of the content marketing services available from Legal Expert Connections, Inc. We have helped almost 150 insurance defense law firms nationwide pursue new insurance panel counsel clients and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Click on the link to download a free copy of the ebook, “How to Get on EPLI Panel Counsel Programs.”

Contact Margaret Grisdela, an insurance defense marketing consultant, at email or via email. Connect with Margaret Grisdela on LinkedIn.

The post Non-Compensable Time “On” or “Off” Duty Addressed by DOL appeared first on EmploymentLawMarketing.com.

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FMLA Compliance Opinions Issued by DOL https://www.employmentlawmarketing.com/2018/09/11/fmla-compliance-opinions-epli-panel/ Tue, 11 Sep 2018 13:41:54 +0000 http://www.employmentlawmarketing.com/?p=618 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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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 employee qualifies for FMLA leave when donating an organ.  These two FMLA compliance opinions help to guide employers and their employment defense attorneys on how to assess their attendance policies and how to recognize a specific medical procedure under FMLA.

Protected Leave under No-Fault Attendance Policies

Attendance Compliance FMLA FLSAIn the first FMLA compliance opinion, the DOL evaluated whether a no-fault attendance policy violates FMLA. As FMLA 2018-1-A points out, no-fault attendance policies are not discriminatory unless they factor in FMLA absences. Altogether, FMLA absences must be exempt from being calculated under a company’s attendance policies regardless if the policy factors in the reasons why an employee is absent or if it considers employee absences under a no-fault policy. Indeed, no-fault does not mean no exceptions.

At the same time, the FMLA 2018-1-A clarifies that “such practices do not violate FMLA, as long as employees on equivalent types of leave receive the same treatment.” While complying with the FMLA in terms of providing exceptions to employees on FMLA leave, employers must consider how they treat employees on similar leave even if their absences do not qualify under FMLA (FMLA 2018-1-A).

As the opinion establishes, a FMLA approved absence can be recognized as equivalent to another type of leave. In addition to assessing how they treat employees on protected leave, employers must consider how they treat employees on similar leave even if those employees are not entitled to protection under the FMLA.

Organ Donation Can Be Protected Leave

In addition to looking at how FMLA protected leave should be factored into a no-fault attendance policy, DOL also considered, in their second FMLA compliance opinion, whether a specific medical condition qualifies for FMLA leave.

In FMLA 2018-2-A, the DOL considered whether an organ donation is a protected absence under FMLA. In doing so, the DOL considered whether it is a “serious health condition,” and subsequently whether an employee is permitted to leave under FMLA for post-operative treatment (FMLA 2018-2-A).

The DOL opinion notes that the FMLA defines “serious health condition” as an “illness, injury, impairment, or physical or mental condition that involves” either “inpatient care in a hospital, hospice, or residential medical care facility” or “continuing treatment by a health care provider.” 29 U.S.C. § 2611(11).

In terms of a “serious health condition,” FMLA 2018-2-A establishes that one of the following elements must be met: (1) organ donation must require “inpatient care” pursuant to §825.114 or (2) organ donation must involve “continuing treatment” in accordance with §825.115. If an employee can establish either element, the employee’s organ donation can qualify for FMLA leave in terms of a ‘serious health condition.’ (FMLA 2018-2-A).

With these recently issued opinions from the DOL, employers can self-assess their attendance policies and how they recognize medical conditions that qualify under FMLA when considering employees absences. All in all, employers must consider how they recognize a medical condition protected under FMLA and subsequently how they calculate related absences under a no-fault policy.

What this Means for Employment Defense Law Firms and EPLI Panel Counsel

Legal Expert Connections, Inc. recommends, creates, and supports an education-based marketing program for employment defense law firms or practice groups. Educating employers about employment laws in order to insure compliance and avoid litigation is a significant portion of an employment defense lawyer’s work. The new FMLA compliance opinions represent yet another educational opportunity for employment defense law firms to increase their visibility through blog posts, social media articles, client alerts, and continuing education seminars.

Employment Law Marketing for Defense Law Firms and EPLI Panel Counsel

This article on FMLA compliance is a sample of the content marketing services available from Legal Expert Connections, Inc. We have helped almost 150 insurance defense law firms pursue new insurance panel counsel clients and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Click on the link to download a free copy of the ebook, “How to Get on EPLI Panel Counsel Programs.”

Contact Margaret Grisdela, an insurance defense marketing consultant, at 866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

The post FMLA Compliance Opinions Issued by DOL appeared first on EmploymentLawMarketing.com.

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Overtime Pay Exemption Clarified by DOL https://www.employmentlawmarketing.com/2018/09/11/overtime-pay-exemption-dol-epli-panel/ Tue, 11 Sep 2018 12:54:26 +0000 http://www.employmentlawmarketing.com/?p=610 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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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, there is parallel consideration of the nature of their businesses in the evaluation process.

Retail and Service Establishments

Overtime Rules for EPLI Panel Members and Employment Defense AttorneysThe applicability of an overtime exemption, under 29 U.S.C. §207(i), for retail and service establishments employing sales representatives is discussed in FLSA 2018-21. In this instance, the company is an online technology platform whose customers include other businesses.

While there are three elements to determining whether a company is exempt under 29 U.S.C. §207(i), the opinion letter FLSA 2018-21 concentrates on determining whether the company in question is considered a “retail or service” establishment, which is the first requirement. In analyzing this question, FLSA 2018-21 analyzes the nature of the online business by looking at three factors which are also addressed separately below.

  1. Who it makes its product available to
  2. How much it sells to individual customers
  3. If it makes a product meant to be resold

Who do they make their product available to?

FLSA 2018-21 clarifies that the online business is recognized as a retail or service establishments under 29 U.S.C. §207(i) even though it sells their technology platform to other businesses for their use. By looking at the nature of how the online business operates, FLSA 2018-21 determines it makes its product available to the general public, even though its clientele mostly includes other businesses.

How much does it sell to individual customers?

FLSA 2018-21 considers the nature of retail versus wholesale sales as well; for instance, wholesale clients typically buy a larger amount of the product at a lower rate. Furthermore, FLSA 2018-21 points out that it is irrelevant if the customers buying the technology platform intend to use it to serve their own customers. As such, FLSA 2018-21 finds the nature of this online business consists of retail sales rather than wholesale.

Are they selling a product meant to be resold?

Furthermore, FLSA 2018-21 acknowledges that this online business has no intention of its product, the technology platform, being resold because by design it is meant to only be used by the customer in which the business directly sells the product to. Once again, the nature in which the product is designed affects a determination of whether the product is meant for the buyer to resell to their own customers.

While in this instance the online business’ technology platform is designed to be used specifically by its customer and is not able to be resold to their own customers, businesses still need to consider whether their customers may resell their products. FLSA 2018-21 points out, under 29 C.F.R. §779.331, the seller is held to a reasonable person standard in anticipating whether their product will be resold, or whether they should have reasonably known of the buyer’s intention to do so.

Businesses employing sales representatives can enjoy the overtime exemption under 29 U.S.C. §207(i) if the nature in which they do business involves making their products available to general public, engaging in sales that are recognized as retail rather than wholesale, and being reasonably unaware that their products are bought with the intention to resell.

Movie Theater Overtime Exemption

The applicability of an overtime exemption, under 29 U.S.C. §207(i), for movie theaters is discussed in FLSA 2018-23. Just as the nature in which a retail or service establishment does business affects whether they must pay employees overtime, the nature in which a movie theater integrates their food service operations with that of the movie theater affects whether the business qualifies for the overtime exemption.

FLSA 2018-23 states that it is “nature of [their] business, not the work performed by a particular employee” that determines if the overtime exemption applies.  When it comes to movie theaters, FLSA 2018-23 considers the nature in which the business separates or integrates the operations of its movie theater and food services in terms of physicality, accounting, and employee interaction. For instance, the way the business files taxes and pays its employees from both operations affects whether they can be recognized as a single establishment for purposes of the overtime exemption.

Altogether, the degree to which both operations are integrated determines the applicability of an overtime exemption.

Based on the two opinions issued by the Department of Labor, businesses should keep in mind the nature in which they do business whether it be how they sell its goods or services or how they manage the business and maintain business records. While the case of sales representatives involves looking at how a business sells its goods or services, movie theaters must consider the way its runs the business and maintains records. Despite the different approaches, the applicability of an overtime exemption requires a comparable analysis of the nature of how they do business.

What this Means for Employment Defense Law Firms and EPLI Panel Members

Legal Expert Connections, Inc. recommends, creates, and supports an education-based marketing program for employment defense law firms or practice groups. Educating employers about employment laws in order to insure compliance is a significant portion of an employment defense lawyer’s work. The new DOL guidance on overtime exemptions is yet another educational opportunity for employment defense law firms to increase their visibility through blog posts, social media articles, and client alerts.

Employment Law Marketing Services for Defense Law Firms and EPLI Panel Members

This article is a sample of the content marketing services available from Legal Expert Connections, Inc. We have helped almost 150 insurance defense law firms pursue new insurance panel counsel clients and are very familiar with EPLI panel programs for employment practices liability insurance.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Click on the link to download a free copy of the ebook, “How to Get on EPLI Panel Counsel Programs.”

Contact Margaret Grisdela, an insurance defense marketing consultant, at 866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

The post Overtime Pay Exemption Clarified by DOL appeared first on EmploymentLawMarketing.com.

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New York City Adopts Sexual Harassment Guidelines https://www.employmentlawmarketing.com/2018/08/28/new-york-city-sexual-harassment-law/ Tue, 28 Aug 2018 17:42:41 +0000 http://www.employmentlawmarketing.com/?p=603 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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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 employees. This new local law now allows employees to report sexual harassment up to three years after an incident occurs, tripling the previous statute of limitations for such claims.

Beginning on September 6, 2018, all employers within the city will be required to post a formal notice and provide all new employees with a fact sheet. Both the notice and the fact sheet will be provided by the New York City Commission on Human Rights. These documents outline the definitions of sexual harassment and provide details on how employees can report incidents or access more information.

Looking to the future, employers should be aware that this new local ordinance will impose additional requirements as time passes. Annual sexual harassment training will be required for all employees working in New York City for employers with 15 or more employees (including interns) beginning on April 1, 2019.

NYC Sexual Harassment LawThe annual training must be interactive but need not be live or conducted in-person. The annual training must provide employees with the definition of sexual harassment and examples of harassing conduct. The annual training must also educate coworkers on methods of bystander intervention and provide employees with an explanation of all methods of filing a complaint within the organization and under local, state, and federal law. Finally, employers will be required to obtain a signed acknowledgment from each employee that the annual training has been attended by that employee.

Separately, the recently signed New York State Budget also addresses sexual harassment in both the private and government workplace. Employers in New York City should be aware that they must comply with the requirements at the local, state, and federal level.

New York State is implementing additional sexual harassment training requirements for all employers beginning on October 9, 2018. This training must provide an explanation and examples of sexual harassment. Additionally, training will provide employees with information on state and federal sexual harassment laws, remedies, and methods of adjudicating complaints. Employees must also be informed of methods to address harassing conduct by supervisors as well as the responsibilities that supervisors have once an incident has been reported.

Under this new state law, employees must enforce a written anti-sexual-harassment policy that uses a standard complaint form which ensures a timely, confidential investigation that provides due process for all parties involved. Employers will be able to access a model policy and form provided by the State Division of Human Rights, however no form has been posted as of this writing. This model will give examples of prohibited sexual harassing conduct as well as information on state and federal sexual harassment laws and remedies. This model policy will also apprise employees of the available methods of addressing instances of sexual harassment while also prohibiting retaliation against employees who provide complaints.

The new budget also includes a prohibition against using non-disclosure agreements in sexual harassment settlements unless the complainant prefers confidentiality, a prohibition against using mandatory arbitration clauses for workplace sexual harassment claims, and protections for certain non-employees like contractors and subcontractors.

What this Means for Employment Defense Law Firms and EPLI Panel Counsel

Legal Expert Connections, Inc. recommends, creates, and supports an education-based marketing program for employment defense law firms or practice groups. Educating employers about employment laws in order to insure compliance and avoid litigation is a significant portion of an employment defense lawyer’s work. The NY City rules on sexual harassment represent yet another educational opportunity for employment defense law firms to increase their visibility through blog posts, social media articles, client alerts, and continuing education seminars.

Employment Law Marketing for Defense Law Firms & EPLI Panel Counsel

This article is a sample of the content marketing services available from Legal Expert Connections, Inc. We have helped almost 150 insurance defense law firms pursue new insurance panel counsel clients and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

  1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
  2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
  3. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Click on the link to download a free copy of the ebook, “How to Get on EPLI Panel Counsel Programs.”

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

The post New York City Adopts Sexual Harassment Guidelines appeared first on EmploymentLawMarketing.com.

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Michigan State to Pay $500 Million in Nassar Settlement https://www.employmentlawmarketing.com/2018/06/16/michigan-state-nassar-settlement/ Sat, 16 Jun 2018 20:29:08 +0000 http://www.employmentlawmarketing.com/?p=154 Michigan State University agreed to pay victims $500 million in May 2018 as part of the historic Larry Nassar settlement. The university is settling lawsuits brought by 332 victims of Dr. Lawrence G. Nassar, a former associate professor and doctor who was convicted of sexually abusing hundreds of young girls and women. He is now …

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Michigan State University agreed to pay victims $500 million in May 2018 as part of the historic Larry Nassar settlement.

The university is settling lawsuits brought by 332 victims of Dr. Lawrence G. Nassar, a former associate professor and doctor who was convicted of sexually abusing hundreds of young girls and women. He is now in federal prison serving a sentence of 40 to 125 years.

Michigan State Nassar SettlementThe terms of the settlement include $425 million paid to current claimants, and $75 million set aside in a trust fund to protect “any future claimants alleging sexual abuse by Larry Nassar,” according to statement by Michigan State University.

According to board members of Michigan State University’s governing board, the university does not know how it is going to finance the massive $500 million Nassar settlement.

The university had already been facing financial pressure for several years due to deep budget cuts. Students are concerned that with the $500 million Nassar settlement, tuition costs will rise along with increased fees for campus facilities.

University officials are currently investigating whether the university can receive payouts from past insurance companies that had employment practices liability and other types of insurance policies in place during the time Nassar’s attacks occurred. One such company that will have to pay a portion of the settlement is United Educators, which is the current primary insurer for the university.

In addition to receiving funds from insurers, university officials are reportedly exploring the bond markets for financing options. Moody’s Investor Services, a bond credit rating business, recently downgraded Michigan State’s credit rating by one notch-to Aa2-and maintained a negative outlook. Moody’s has noted that the university had “undisclosed” insurance coverage and $1.5 billion in unrestricted monthly liquidity at the end of 2017 that would be used for legal expenses and restitution payments.

Penn State University is reportedly still seeking reimbursement for some expenses from its insurer following its $250 million settlement in the Jerry Sandusky case. Penn State officials stated that any expenses not covered by its insurer are being funded from interest payments that the university has made to its self-supporting units.

In 2011 the Michigan Legislature enacted steep budget cuts to state aid for higher education which has caused the Michigan State to routinely raise tuition costs for students.

Even though Michigan State Interim President John Engler has indicated to students that tuition will not be raised, it remains to be seen how the university is going to finance the largest settlement in school history.

Employment Law Marketing Services for Defense Law Firms

This blog post is a sample of the content marketing services available from Legal Expert Connections, Inc. We have helped almost 150 insurance defense law firms pursue new insurance panel counsel clients, and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

    1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
    2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
    1. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

The post Michigan State to Pay $500 Million in Nassar Settlement appeared first on EmploymentLawMarketing.com.

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Supreme Court Upholds Arbitration Clauses https://www.employmentlawmarketing.com/2018/06/16/supreme-court-arbitration-clauses/ Sat, 16 Jun 2018 19:52:04 +0000 http://www.employmentlawmarketing.com/?p=147 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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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 matter of policy these questions are surely debatable. But as a matter of law the answer is clear. In the Federal Arbitration Act, Congress has instructed federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings.

Supreme Court Arbitration RulingThe court considered three cases involving arbitration clauses that all involved employees seeking to litigate Fair Labor Standards Act (FLSA) claims relating to overtime or minimum wage through class or collective actions in federal court. In every instance, the employee was party to an employment agreement that stipulated the use of individual arbitration proceedings.

In one matter, Ernst & Young LLP v. Morris, a junior accountant entered into an agreement providing that the parties would arbitrate any disputes that might arise between them. After his employment ended, Mr. Morris nonetheless sued his former employer in federal court. He alleged that the firm had misclassified its junior accountants as professional employees and violated the federal Fair Labor Standards Act (FLSA) and California law by paying them salaries without overtime pay.

The employees bringing the three lawsuits in question had argued that the Federal Arbitration Act, which generally requires courts to enforce arbitration agreements as written, removes this obligation under the “saving clause” if an arbitration agreement violates some other federal law.

Click on the link to read the U.S. Supreme Court’s ruling on arbitration clauses in EPIC Systems v. Lewis.

Employment Law Marketing Services for Defense Law Firms

This blog post is a sample of the content marketing services available from Legal Expert Connections, Inc. We have helped almost 150 insurance defense law firms pursue new insurance panel counsel clients, and are very familiar with employment practices liability (EPLI) panels.

Legal Expert Connections, Inc. offers three key benefits to insurance defense law firms nationwide:

    1. We are the leading U.S. legal marketing agency specializing in the insurance defense market. We know the panel counsel process and can accelerate your business development efforts by identifying who you need to contact.
    2. You get a structured business development process. We guide your law firm through a proven three-step campaign that brings discipline, focus, and productivity to your marketing efforts.
    1. Increase revenue with professional, Bar-compliant legal marketing campaigns. We do the research to identify insurance panel managers, so you can focus your time on the business development process.

Contact Margaret Grisdela, an insurance defense marketing consultant, at 1-866-417-7025 or via email. Connect with Margaret Grisdela on LinkedIn.

The post Supreme Court Upholds Arbitration Clauses appeared first on EmploymentLawMarketing.com.

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