Tag: Fair Labor Standards Act

Question: What should employers do to prepare for the anticipated January 1, 2020, effective date of new DOL white collar exemptions? Answer: On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule to update and revise Fair Labor Standards Act (FLSA) white collar exemptions by raising the salary level for an exemption from…

Ellen Kearns, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains proposed regulations clarifying joint employer status under the FLSA. On April 1, the U.S. Department of Labor (DOL) issued proposed regulations to clarify its interpretation of joint employer status under the Fair Labor Standards…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, provides a summary of what you may have missed over the holiday break. EEOC, court kick “Onionhead” employer while it’s down A federal judge in New York ruled on post-trial motions filed by…

HHS Hurricane Florence and HIPAA Bulletin Released In light of the public health emergencies announced for the Carolinas due to Hurricane Florence, the federal Department of Health and Human Services (HHS) released a Hurricane Florence and HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Declared Emergency. Read the bulletin E-Verify Expands Access…

DOL Releases Assistance for Enforcement of Tip Credit Rules under FLSA On April 6, 2018, the U.S. Department of Labor released a field assistance bulletin (FAB No. 2018-3) providing guidance concerning the Wage and Hour Division’s (WHD) enforcement of tip credit rules under the Fair Labor Standards Act (FLSA) after Congress amended the FLSA in…

Check out an analysis of a recent U.S. Supreme Court Decision regarding overtime exemptions by Steve Katz, senior counsel with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP. FLSA Overtime Exemptions Challenged When it comes to exemptions from overtime under the Fair Labor Standards Act, courts…

New Guidance on Tipped Wages

The 2,232-page budget spending bill that was signed by President Trump on March 23, 2018, included an amendment to the Fair Labor Standards Act (FLSA) prohibiting employers, managers, or supervisors from collecting or retaining tips made by employees, regardless of whether the employer takes a tip credit. This law essentially blocked the U.S. Department of…

Are you in the know? Find out with this quiz by Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP. In R.G. and G.R., the U.S. Court of Appeals for the Sixth Circuit found in favor of the Equal Employment Opportunity Commission in a…

Question: Can we pay an exempt employee additional compensation on an hourly basis for performing extra non-exempt employee work outside of his/her normal exempt job duties without jeopardizing the exemption status? Answer: Yes. Paying additional compensation to an exempt employee for extra work without jeopardizing the salary requirement is permissible under the rules for exemptions of the…

Question:  We have an exempt employee who worked for only one hour and did not come back to work from a doctor’s appointment.  This employee does not have any accrued leave time available.  Do we have to pay this employee for the full day? Answer: Under the Fair Labor Standards Act’s salary basis test, an…