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Showing 30 posts in Department of Labor ("DOL").

Rethinking the 24/7 Response

September 30, 2015
Posted In Department of Labor ("DOL"), Overtime Pay, Wage and Hour

Always connected. Always available. Always responsive. In an era where personal electronic devices have become more of a technological appendage than merely a handy gadget, a growing number of employers are grappling with the question of how well-connected their employees should be. Employers certainly benefit from the ability of employees to be available at all times and through instantaneous connection. The instant problem is the way in which this constant connectivity begins to warp the work-life balance. Should employees respond to employment-related emails after hours? Should they text back to the boss in the evenings to respond to work inquiries? Should employers expect employees to be responsive around the clock? Some employers are beginning to change their expectations for employee responsiveness after hours, and possibly just in time to stave off impending wage and hour law implications. More >

Obama Orders Paid Sick Leave for Federal Contractors

By Luke A. Wingfield on September 16, 2015
Posted In Department of Labor ("DOL"), Paid Time Off ("PTO"), Sick Employees

On Labor Day, appropriately enough, President Obama issued an executive order establishing up to seven days of paid sick leave for employees of federal contractors and subcontractors. The order was drafted and proposed in early August and issued on September 7th, capping off the White House’s push of its “Lead on Leave” initiative. More >

Second Circuit: An Internship is an Internship

September 9, 2015
Posted In Department of Labor ("DOL")

Recipients of the benefits of unpaid intern labor everywhere recoiled in horror in June of 2013 when a Federal District Court Judge in Manhattan held that unpaid interns on the set of the film “Black Swan” were protected by minimum wage and other employment laws. Since then, employers have been looking at that college kid earning “valuable work experience” by bringing them their coffee with a wary eye. Fret not, employers, for the Second Circuit has overturned the results in the “Black Swan” case (better known as Glatt, et al. v. Fox Searchlight Pictures, Inc.) while simultaneously rejecting a Department of Labor test for unpaid internships in a deft display of legal agility and coordination that can only be described as “balletic”. More >

How Much Time Can New Parents Take Off?

September 2, 2015
Posted In Department of Labor ("DOL"), Family and Medical Leave Act (“FMLA”)

Paid leave for new parents, both mothers and fathers, has been in the headlines as of late as the U.S. Department of Labor promotes its “Lead on Leave” initiative. The question for employers, however, is just how much time may an employee take off for the birth or adoption of a child. Luckily, the Family and Medical Leave Act (“FMLA”) answers the question almost entirely by itself. More >

Surprise! That Independent Contractor is an Employee!

By Cynthia L. Effinger on August 19, 2015
Posted In Department of Labor ("DOL"), Fair Labor Standards Act (FLSA), Independent Contractors

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. More >

ALERT - Department of Labor Set to Change Overtime Exemption Regulations under the FLSA

July 7, 2015
Posted In Department of Labor ("DOL"), Fair Labor Standards Act (FLSA), Overtime Pay

On July 6th, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking with the potential to affect an untold number of employers. The proposed rule, published in the Federal Register at 80 FR 38515, drastically changes the DOL’s interpretation of the Fair Labor Standards Act with respect to overtime exemptions. The current rule, put in place in 2004, exempts employees with salaries of at least $455 a week ($23,660 a year) and who perform executive, administrative, professional, outside sales and computer duties from overtime regulations. More >

The Big and Small Implications in Perez v. Mortgage Bankers Association

April 29, 2015
Posted In Department of Labor ("DOL"), Fair Labor Standards Act (FLSA), U.S. Department of Labor

There are two important takeaways from Perez v. Mortgage Bankers Association,[1] one with a broad scope and the other much narrower. The broader ruling exempts agency interpretations of laws and regulations from any notice and comment requirements under the Administrative Procedures Act (“APA”), allowing agencies to substantially alter interpretations without notice. On a different note, however, is the finding that Department of Labor (“DoL”) Fair Labor Standards Act (“FLSA”) classification interpretations are subject to change at any moment. More >

What Employers Should Know about the FMLA and Same-Sex Marriages under New Department of Labor Rules

March 23, 2015
Posted In Civil Rights, Department of Labor ("DOL"), Family and Medical Leave Act (“FMLA”)

After the 2013 Supreme Court decision in United States v. Windsor, federal agencies have been moving to align federal policies and procedures with the holding of that case. The Court held, basically, that same-sex marriages performed in states where those marriages are legal are valid, legal marriages for purposes of federal law. To that end, the Department of Labor (“DOL”) promulgated a final rule on February 25th, 2015 that revised the regulatory definition of the word “spouse” to include same-sex spouses from legal marriages to eligible employees for purposes of the Family and Medical Leave Act (“FMLA”). The final rule becomes effective on March 27th, 2015. More >

More Transparency on Horizon for Federal Contractors

October 8, 2014
Posted In Department of Labor ("DOL"), Employee Hazards, Employment Discrimination Laws, Employment Law, Federal contractors, Government employees

The U.S. Department of Labor (“DOL”) has issued a proposed rule that would bar federal contractors from firing or discriminating against employees or applicants who discuss their pay, or the pay of their co-workers. The proposal comes after President Obama’s executive order in April, which instructed the DOL to issue a rule requiring pay transparency among federal contractors. More >

Job Descriptions & Performance Reviews – a Recap of the McBrayer & Business First Seminar

September 17, 2014
Posted In Department of Labor ("DOL"), EEOC, Employee Forms, Employee Handbook, Employee Performance Reviews, Employment Law, Job Description

Just yesterday, Business First and McBrayer sponsored the second part of a two-part seminar entitled “Lessons in Workplace Liability.” Amy D. Cubbage and Cynthia L. Effinger, McBrayer Employment Law attorneys, explained to attendees how job descriptions and performance evaluations can be used as powerful legal tools to limit liability for discrimination-based claims. If you were not able to attend the seminar, but would still like a copy of the materials, contact McBrayer’s Marketing Department at bpowers@mcbrayerfirm.com or 859-231-8780. We have also summarized some of the information shared by the presenters below. More >

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