Author: Rick Montgomery, JD

3 Memos and 3 Categories

NLRB Provides Insight on How it Will Address Employer Policies On July 13, 2018, the General Counsel of the National Labor Relations Board (NLRB or Board) released three advice memos providing guidance to employers about how the NLRB will evaluate handbook policies and work rules under the new Boeing standard established in December 2017. These…

If you’ve been getting questions from your employees about completing new 2018 W-4 forms to take advantage of the tax reform rules, we’ve finally received some answers. You can continue to rely on the current W-4 forms for now until the new 2018 form is released in late February. The January 29th Internal Revenue Service…

So Who Is a Paid Intern Now?

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) created new guidance for determining whether a worker could be classified as an unpaid intern under the federal Fair Labor Standards Act (FLSA). The FLSA requires “for-profit” employers to pay employees for their work. Interns, however, may not be classified as…

The change in the regulations that would increase the salary threshold for overtime exemption that was all over the news for the last several months may now be decided by the end of June. The Fifth Circuit Court of Appeals has granted the U.S. Department of Labor (DOL) another 60-day extension of time to file…

For the second time in less than a year the Department of Labor (DOL) has increased the civil monetary penalties assessed or enforced by the DOL. The increases were announced in a final rule issued by the DOL on January 18, 2017. The increases were made pursuant to the Federal Civil Penalties Inflation Adjustment Act…

On November 22, 2016, a federal district court in Texas granted a preliminary injunction that temporarily blocks the U.S. Department of Labor (DOL) from implementing and enforcing its recently revised regulations on the white collar exemptions to the Fair Labor Standards Act (FLSA). The regulations, which were released in May and scheduled to go into…

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification (version 11/14/2016). All employers are required to complete and retain a Form I-9 for each employee to verify his or her employment authorization and identity. Employers should begin using the new Form I-9 immediately. However, employers may…

Reminder: the VETS-4212 reporting cycle for 2016 is now open, and the filing deadline is September 30. Filing information is available on the Department of Labor’s Veterans’ Employment and Training Service (VETS) website. The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) (located at 38 U.S.C. § 4212(d)), requires federal contractors and subcontractors subject…

On June 2, 2016, the Ninth Circuit Court of Appeals, in Flores v. City of San Gabriel, held that the City of San Gabriel willfully violated the Fair Labor Standards Act (FLSA) by failing to include cash payments to police officers for unused medical benefits allowances when calculating their regular rate of pay, which ultimately resulted…

In June, the City of Los Angeles enacted an ordinance (O184320) amending the city’s Minimum Wage Ordinance to include paid sick leave provisions. These paid sick leave provisions are phased in over two years. Employers with 26 or more employees must begin providing paid sick leave benefits on July 1, 2016, and employers with 25 or…