I have written about the collaborative arrangements, information sharing arrangements, that the USDOL has entered into with state DOLs and how that is a dangerous portent for employers. Well, the
Continue Reading More Interagency Cooperation–Arrangement Between USDOL and The EEOC Will Increase Scrutiny Of Employers!Mark Tabakman
The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up…
Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For EmployersUSDOL Changing Manner In Which Davis Bacon Act/Prevailing Wages Are Determined—Tilted Towards The Workers For Sure!
I have handled numerous prevailing wage cases, including dozens under the federal Davis-Bacon Act (DBA) and read with great interest the proposed changes to the decades-old law. The proposed rule…
Continue Reading USDOL Changing Manner In Which Davis Bacon Act/Prevailing Wages Are Determined—Tilted Towards The Workers For Sure!What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions…
Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!New Proposed FLSA Salary Threshold Just A Starting Point
Sharing my colleague Glenn Grindlinger’s recent alert on the DOL’s proposal to increase salary thresholds for determining when an employee is exempt from overtime. Employers take note, this could mean…
Continue Reading New Proposed FLSA Salary Threshold Just A Starting PointWhat Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. …
Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes InThe “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance…
Continue Reading The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!Will These Working Time Call Center Cases Ever Stop? I Bet Not!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that…
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!
Plaintiff lawyers are always asserting that every single alleged wage hour violation is “willful” so when they start negotiating a settlement (or trying to) they always start from that position…
Continue Reading In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!Federal Preemption Defense In FLSA Lawsuit—Good Tactic!
In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it…
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!