New DOL Overtime Regulations
Director AJ Johnson's latest post on Energy Law Today focuses on the upcoming overtime regulations by the Department of Labor.
Law In The Workplace
Providing Reasonable Accommodations to Employees With Disabilities- The Interactive Process
Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations (or changes to the employee’s workplace or job) to employees with disabilities. To effectuate such accommodations, employers are required […]
Background Checks? Be Careful!
Class action lawsuits relating to background checks of applicants and current employees are a very hot area among plaintiff's employment lawyers. The number of Fair Credit Reporting Act (FCRA) lawsuits has proliferated significantly over the past couple […]
Overtime Lawsuits At Near Record High Levels
Syracuse University’s Transactional Records Access Clearinghouse (“TRAC”), a research center established in 1989 to obtain detailed information regarding various filings at federal agencies, recently released data concerning the number of overtime […]
Don't Forfeit an Employee's Exempt Status
One of the most significant employment law risks currently facing employers are collective action lawsuits brought by current or former employees claiming they were not paid overtime. These lawsuits are often the result of misclassifying employees as […]
Are you using pre-employment tests as part of the interview process?
If your company uses pre-employment tests to screen individuals in an attempt to find the best candidates during the interview process, then Target Corporation's payment of $2,800,000 to the EEOC might catch your attention. The EEOC announced yesterday […]
INTERMITTENT LEAVE UNDER THE FAMILY MEDICAL LEAVE ACT
The Family Medical Leave Act ("FMLA") provides eligible employees with up to 12 weeks of unpaid and job protected leave.[1] During the course of the FMLA leave, employees are entitled to maintain group health benefits in the same condition as if the […]
Second Circuit disregards DOL Internship Test and adopts the Primary Beneficiary Test For-Profit Employers
Does your company use unpaid interns? If it does, you may be surprised to learn that your company may have to pay them after all. For years employers relied on the Department of Labor’s (“DOL”) “Intern Fact Sheet” when categorizing […]
DOL OFFERS GUIDANCE ON DEFINITION OF INDEPENDENT CONTRACTORS
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued guidance regarding the proper classification of workers as either employees or independent contractors for purposes of complying with the Fair Labor Standards Act (“FLSA”). The FLSA […]
New Limitation on Liability for Wellness Programs in Texas
Texas Governor Greg Abbott recently signed legislation into law that provides limitation on liability for employers who establish and maintain employee wellness programs. The Texas Legislature saw a need to address concerns that some employers are discouraged […]
U.S. SUPREME COURT'S DECISION ON SAME-SEX MARRIAGE—IMPLICATIONS FOR TEXAS EMPLOYERS
On June 26, 2015, in the Obergefell v. Hodge, et al. case, the U.S. Supreme Court held that: (i) all states must permit marriages between same-sex couples; and (ii) all states must recognize marriages of same-sex couples performed in other states. The […]
DOL releases much-anticipated proposal to change overtime regulations
On Tuesday, the U.S. Department of Labor released its proposed rule to change overtime regulations. The focus of the proposed change is to increase the minimum salary threshold under the "white collar" exemptions from $23,660 to $50,440 per year. […]