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Photo of Employment Law Blog Cynthia L. Effinger
Senior Attorney
ceffinger@mmlk.com
502-327-5400, ext. 316
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The value I bring to my clients is that when the dispute cannot be resolved I have trial experience and can best prepare the client for the courtroom. I have chosen to practice at McBrayer …

Showing 23 posts by Cynthia L. Effinger.

ALERT - Federal Judge Invalidates Overtime Rule

On August 31st, 2017, a U.S. District Court in Texas invalidated a new overtime rule that would have nearly doubled salary thresholds for overtime eligibility. The court had previously put in place a preliminary injunction that prevented the rule from taking effect in late 2016, but the ruling by the court effectively signals the end of the rule. More >

Employers: Don’t Let Bad Weather Rain on Your Parade

The weather outside is terrible, and you want to close down your business for the duration. Can you cancel a work day or send your employees home early without pay for the duration of the closure? The answer is a bit complicated, and it depends on each employee’s classification as non-exempt or exempt where the overtime rules are concerned. More >

Overtime Law Update – One Rule Stalled, One Law Gaining Momentum

In 2015 and 2016, the Obama administration’s Department of Labor (“DOL”) released proposed and final rules that were set to dramatically change the face of overtime exemptions by raising the threshold salary requirement to around $47,500.  The Final Rule became effective as of December 1st, 2016, but several contemporaneous events have worked to upend the new regulation, and changes are afoot even now with respect to overtime. It’s time to take a quick look at the status of overtime regulations. More >

ALERT – Federal Court Blocks Overtime Rule

Breaking newsThe impending change to federal overtime regulations has been put on hold by the U.S. District Court in the Eastern District of Texas. The court granted a nationwide preliminary injunction against the Department of Labor’s implementation of the rule, as the rule faces challenges from 21 states.  More >

The EEOC Retaliates on Retaliation, and Employers are Caught in the Crossfire

NOTE: The EEOC guidance on retaliation can be found here:
https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm

One of the hands-down most difficult positions an employer may find itself in is the time period immediately following an employee reporting discrimination. If the employee engages in some form of conduct that is protected by a nondiscrimination statute such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act, any adverse action taken by the employer against that employee may be scrutinized as sign of retaliation, which is prohibited by these laws. Thus, the reporting of potential discrimination or the filing of any claim with the Equal Employment Opportunities Commission (“EEOC”) and other investigators produces a chilling effect on the discipline or even termination of that employee, even for unrelated issues.  More >

ALERT – DOL Issues Final Overtime Rule

The Department of Labor (“DOL”) issued the long-awaited Final Rule on overtime exemptions on Wednesday, May 18, 2016, providing hard numbers and a plan for incremental increases to the “white collar” salary exemption. More >

Employers, Beware: New EEOC Proposed Rule Would Gather Data, but Not Context

Every year, employers with 100 or more employees are required by the Equal Employment Opportunities Commission (“EEOC”) to invite employment applicants to self-identify their gender, race, and ethnicity on an EEO-1 report. On February 1st, however, the EEOC published a Proposed Rule that requires these employers to also include pay data and hours worked for all employees. This new regulation will provide a fairly powerful tool to the EEOC, but it could also prove to be a nightmare for employers. More >

Employers, Don’t Sleep on Your Rights

There are ways of gaining a tactical advantage in Fair Labor Standards Act (“FLSA”) litigation, but sleeping on one’s rights in such a circumstance is not one of them. NPC International, Inc., a Pizza Hut franchisee, learned this the hard way in the Sixth Circuit in August. If the case of Skylar Gunn v. NPC International proves anything, it proves that courts will frown upon employers gaming the legal system to the detriment of employees bringing claims.

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Surprise! That Independent Contractor is an Employee!

The Department of Labor (“DOL”) has given employers some bitter pills to swallow lately, especially in light of the proposed rule concerning new restrictions on the white collar overtime exemption. With a new set of guidance on the classification of independent contractors, the streak of DOL heartburn for employers continues unabated.

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FLSA Wage Increase

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President Obama announced this week a proposed rule change to the Fair Labor Standards Act (“FLSA”) that will affect every business.  The proposed rule change will increase the minimum required salary for employees to qualify as exempt under the FLSA from $455 a week to $970 a week.  Accordingly, this rule will require employers to pay overtime to those employees

More >

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