Earlier this month, we discussed the range of issues that an employee departure can raise for employers. One of the most frequently searched topics on this blog relates to accrued vacation, PTO, sick leave, and other leave banks, and, in particular, what to do with those leave banks at termination. As I mentioned then, the federal fair labor standards act ...
Read More »
Each month for our ELLN teleconference this year, I am highlighting an album. January’s quick pick from our ELLN agenda is reproduced below. I hope you join us for this afternoon’s call. If you’re an in-house counsel and not part of the ACC or the Employment & Labor Law Network, join us today and see what we’re all about! More details about today’s meeting ...
Read More »
I have the honor of serving as the Association of Corporate Counsel’s Employment & Labor Law Network (ELLN) for the 2019-20 year. This post is an open invite to in house counsel who are not already attending our ELLN monthly meetings to join us! The Association of Corporate Counsel (ACC) is a global bar association that promotes the interests of ...
Read More »
Happy New Year! I hope that 2020 is off to a good start for you! For me, this is the time of the year to (among other things) start finalizing succession planning and updating our pipeline of directors, executives, and managers. It isn’t just convenient timing; January through March also marks the busiest time of year for transitions, particularly for ...
Read More »
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 »
The Department of Labor (DOL) has been busy lately, and not just by increasing the threshold for salaried, exempt employees under the Fair Labor Standards Act (FLSA). That threshold increased on January 1, 2020 for the first time since the Bush Administration from $455 per week to $684 per week. However, this past last week, some more consequential regulations took ...
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 ...
Read More »
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 ...
Read More »
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 ...
Read More »
The Day Shift Judging whether a particular line is longer than a particular rock is heavy since 2005
