Recent Stories

Join us at the ACC Employment & Labor Law Teleconference Meeting Tomorrow!

Eagle-eyed followers might have noticed that my LinkedIn profile and e-mail signatures changed recently. I have the honor of serving as the Association of Corporate Counsel’s Employment & Labor Law Network (ELLN) for the 2019-20 year! The Association of Corporate Counsel (ACC) is a global bar association that promotes the interests of in-house counsel. ACC member attorneys work for corporations, ...

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Vacation

PTO Forever: Unlimited Vacation

As we roll into the Thanksgiving holiday here in the U.S., vacation and the long holiday weekend are on my mind! I’m fortunate to be able to do some pro bono work in my in-house practice. One issue that a non-profit organization brought to me recently was their desire to eliminate the administrative burden of tracking PTO/vacation time. From their ...

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A Quick Overview of the Status of the DOL and NLRB Joint Employer Proposals

Geez, I go away for Spring Break and the Department of Labor (DOL) starts going crazy! More on the DOL’s intepretation of “regular rate” released this past Friday, March 28 later, but on Monday, April 1, the Department added its proposed rule on joint employer status to the separate proposal by the National Labor Relations Board (NLRB). Both agencies are ...

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Looking Back: Encino Motorcars v. Navarro One Year Later

Until last April, the Supreme Court had construed Fair Labor Standards Act (FLSA) exemptions “narrowly.” For example, just 7 years after the FLSA’s passage, the Court ruled in A.H. Phillips, Inc. v. Walling, that “extend[ing] an exemption to other than those plainly and unmistakably within its terms and spirit is to abuse the interpretative process and to frustrate the announced ...

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FLSA Frequently Asked Questions

Court Opinions

DOL News

A Quick Overview of the Status of the DOL and NLRB Joint Employer Proposals

Geez, I go away for Spring Break and the Department of Labor (DOL) starts going crazy! More on the DOL’s intepretation of “regular rate” released this past Friday, March 28 later, but on Monday, April 1, the Department added its proposed rule on joint employer status to the separate proposal by the National Labor Relations Board (NLRB). Both agencies are ...

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What Employers SHOULD tell the DOL about their Proposed White-Collar Salary Threshold

I know, I know–I haven’t posted here in forever. What can I say? In-house life at a publicly-traded company is busy. I felt compelled to write something, though, because the Department of Labor is back with a new white-collar salary threshold of $35,308, and I couldn’t let my comments from 2016 be my last words on this subject. A large ...

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FLSA Regulations are Here…with Four Surprises!

After years of speculation, the day is finally here: the Department of Labor will finally publish its revisions to the Fair Labor Standards Act’s (FLSA) white collar exemptions tomorrow in the Federal Register (or at least announce then, with publication to follow shortly thereafter). The final regulations have four pleasant surprises for employers, though. That’s not to say that the ...

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New Fair Labor Standards Act Regulations Very Likely to be Released Next Week

For those of you who have been following the U.S. Department of Labor’s (DOL) efforts to change (at least) the salary threshold for white collar employees under the Fair Labor Standards Act (FLSA), the day of reckoning is likely upon us.  On March 14, the DOL submitted its final version of the regulations to the Office of Management and Budget ...

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