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Law In The Workplace

Comp Time In Lieu of Overtime

Offering an employee additional time off in lieu of paying overtime wages is something that, for the most part, is currently limited to government employers.  While some private sector employers mistakenly offer such a benefit, it is—with a few exceptions […]

Do You Need Employment Practices Liability Insurance?

As employment related claims continue to rise, businesses must evaluate all available options to attempt to mitigate costs and risks associated with these claims.  One common way to address these issues is to obtain an Employment Practices Liability […]

Is a 20% budget cut coming for the Department of Labor?

The White House Office of Management Budget has tendered its proposed budgets for various government agencies in 2018, which includes a proposed cut of $2.5 billion to the Department of Labor. That amount represents approximately 21% of the DOL's annual […]

ERISA 5500 Audits – Who Do They Protect?

The Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code generally require employee benefit plans to file Form 5500 Annual Report/Report of Employee Benefit Plan. If a plan has more than 100 participants it is considered […]

Judge Blocks Overtime New Rules. So now what?

In my little corner of the law, overtime has been a central focus—in individual and class action lawsuits and, for over two years, in predicting and then ciphering the new regulations of the Department of Labor (“DOL”).  The new rules would have […]

Andrea Johnson

What Trump’s Win Means For Employers

After pulling off a victory more surprising than Truman’s, Donald Trump will have the opportunity over the next four years to–among other things–change the landscape of employment law in the United States.  With Republicans now controlling the […]

DOJ And FTC Issue Joint Guidelines For Human Resource Professionals

On October 20, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”), who jointly enforce the antitrust laws, alerted human resource (“H.R.”) professionals that they might violate […]

Implementation of DOL’s New Overtime Regulations May Be Delayed

The new overtime regulations announced in May, which among other things raised the salary for the white collar exemptions from $23,660 to $47,476, were set to go in effect on December 1, 2016. But on Wednesday, the Republican-controlled U.S. House of […]

OSHA Regulations: Admissible Evidence?

Noncompliance with Occupational Safety and Health Administration (OSHA) regulations may not singularly establish a negligence per se claim, but such evidence may be relevant to proximate cause in a simple negligence action. In 2015, the Corpus Christi […]

Michael A. Logan