Even More Guidance on COVID-19, FMLA, FLSA and FFCRA
To say that COVID-19 has shaped the year would be an understatement. COVID-19 will probably shape the decade at the very least. Just as we think we are getting a handle on how to respond, we see a new...
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There Might Be a Way to Settle that Wage and Hour Claim After All…
Your employee claims you owe unpaid wages (usually that means overtime), and you’re starting to lose some sleep. You’ve heard how wage and hour claims are on the rise, and how they can add up to...
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Note to Self: You Can’t Keep Your Employees’ Tips
If you employ “tipped” workers, I have good news and not-so-good news. OK, maybe it’s not really good news, but it’s interesting. The sort of good news is that Congress passed a budget and so the...
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Surprise! Your Interns Might Really Be Employees…
Many companies hire students as interns. Many employers take for granted that interns do not have to be paid or given benefits. Interns learn while on the job and everyone’s happy, right? Well, hold on...
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Is it the End for the New White-Collar Exemption Rules?
Back in November a federal judge put the Obama Administration’s overtime rules on hold. I previously posted about that here. But here is the quick recap: The DOL, at President Obama’s instruction,...
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Is the DOL Now Going “Soft” on Joint Employers and Worker Classification?
In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL...
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Some Hot Employment Law Issues in 2017
Happy 2017, everyone! Well, it’s a new year, and many are wondering what’s in store in the year ahead. While I can’t answer that for each of you personally, I can provide a bird-eye view of some...
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Now That Trump Won, Do You Still Need to Worry About Overtime Pay?
Whether or not last week’s election results surprised you, they do portend some significant changes in the near future. I doubt you need me to tell you that Mr. Trump and Mr. Obama have differing views...
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Wait. Has Subway Just Conceded to the DOL That It’s a Joint Employer???
Doctors Associates Inc, owner and franchisor of Subway, recently entered into a voluntary agreement with the US Department of Labor. That’s nice. Or is it? That, of course, depends on what the...
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Ladies and Gentlemen… The New Overtime Rules Have Arrived.
I was all set to write about a completely different, but thought-provoking topic this week. It will have to wait until next week though, because, well, how can I ignore this breaking news? What, you...
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Heads Up: The DOL’s White Collar Overtime Exemption Rules are Coming!
Aside from its Administrative Interpretation of joint employment under the FLSA (click here , here and here for review) the DOL has been hard at work on its final rules for white-collar overtime...
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The DOL, Vertical Joint Employment and You-and Why You Should Care About It…
We’re back with the US Department of Labor’s Administrative Interpretation on joint employment under the FLSA. We learned last week about horizontal joint employment. (Click here for a more complete...
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The DOL Says You Might be a Horizontal Joint Employer — What?
We are back with our scintillating discussion about the US Department of Labor’s take on joint employment. Last week we established that the DOL defines “employer”, “employee” and “employment” and...
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The DOL on Joint Employment and the FLSA
Employment relationships are changing. Those changes have turned traditional assumptions about employment relationships upside down. I have written before about the phenomenon of some employers having...
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Are College Student Athletes Employees? One Court Says “No”.
One court has spoken. You may have to pay some of your interns and trainees. According to Hon. William T Lawrence, judge of the US District Court for the Southern District of Indiana, universities do...
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What You Should Know Before Settling That Wage and Hour Claim Out of Court
Last week we started looking at the pitfalls of settling wage and hour claims out of court. Specifically, we saw that most federal courts interpret the FLSA– as requiring that wage and hour settlements...
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How Will the DOL Decide if Your Independent Contractor is Really an Employee?
So the United States Department of Labor thinks most workers should be classified as employees and not independent contractors. That’s not really anything new. The DOL last month issued yet another...
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Introducing the New and Improved DOL Guidance on Worker Classification…
Everyone’s talking about the United States Department of Labor’s new Administrative Interpretation regarding misclassification of workers as independent contractors (IC’s) rather than as employees. OK,...
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FMLA Lessons From Wal-Mart: Just What the Doctor (and Court) Ordered
Most of you probably know that you cannot fire an employee for taking leave under the Family Medical Leave Act (FMLA. Yet cases against employers allege that very FMLA violation. What your employee...
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If They’re Not On Your Payroll Do You Still Have to Pay Them Overtime???
Welcome back to the wonderful world of co-employment! Those of you following The Emplawyerologist have already been introduced to Tricia the “temp” and Sensational Staffing. If you are just joining us,...
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