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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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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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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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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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 ...
Read More »
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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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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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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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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The Day Shift Judging whether a particular line is longer than a particular rock is heavy since 2005
