Employers nationwide can breathe a collective sigh of relief. On Friday November 15, 2024, District Judge Sean D. Jordan of the federal district court for the Eastern District of Texas granted a motion for summary judgment finding that the Department of Labor’s 2024 Rule – that would have increased the minimum salary level required to
David Whitaker
Employers Brace for January 1, 2025 Overtime Exemption Salary Increase – But Will Litigation Derail the DOL Rule?
In order to classify employees as exempt from overtime pay requirements, employers may rely on the so-called “white-collar” exemptions available for administrative, executive, and professional employees. In addition to meeting the job duties test of each exemption, employers are required to pay a guaranteed minimum salary specified in Department of Labor regulations.
At the start…
The ADA in Cyberspace – Are Websites Places of Public Accommodation?
ADA Background
In 1990, Congress passed the Americans with Disabilities Act (“ADA or Act”).[1] The purpose of the Act is to provide protection and certain rights for Americans with disabilities. One of Congress’ goals was to ensure that people with disabilities are able to fully participate in all aspects of society.[2]
Title III…
Fifth Circuit Finds That Individual Arbitration Agreements Bar Notice of FLSA Collective Action
In recent years many employers have implemented mandatory arbitration agreements to require that legal disputes with employees be decided by a neutral arbitrator, rather than by jury trial. Arbitration agreements are coming under scrutiny as unfairly preventing employees from having their “day in court” and having access to jury trials – most recently with the…
Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee
In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid…
New Phasing Plan Requirements from Louisiana State Fire Marshal
For clients having operations in Louisiana which were affected by the recent Louisiana stay-at-home order (which expired May 14, 2020), the State Fire Marshal has released new phasing plan requirements as Louisiana moves into Phase 1 of reopening. The link can be found here. Guidance is broken down as follows:
- Outdoors sports
- Business/Organizations
- Fitness
…
Return to Work, Are You Ready?
Last week, President Trump unveiled his Guidelines for Opening Up America Again. The Guidelines present a three-phase, criteria-based, framework to allow individuals and employers to return to normal activities. The return-to-work envisioned by the White House calls for the easing of current restrictions, not the wholesale abandonment of those restrictions. The guidelines are not statutes…
New CDC Guidance About Essential Employees Exposed to COVID-19
On April 8, 2020, the CDC announced new guidance for how to handle essential workers who have been exposed to someone with COVID-19. To ensure continuity of operations, the CDC says the employer no longer needs to send the exposed employee home to self-quarantine for 14 days assuming the employee remains asymptomatic and does not…
DOL Rolls Out Leave Act Regulations and Changes Course on Some Issues
On April 1, the paid leave requirements of the Families First Coronavirus Response Act took effect.
Prior to April 1, the DOL issued both a required employer notice and a series of questions and answers related to the required employer notice under the Act: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf and https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions. The IRS also issued a series of…
DOL Issues Third Set of Leave FAQs
The U.S. Department of Labor’s Wage and Hour Division continues to burn the midnight oil providing much needed guidance to employers and employees regarding leave issues under the Families First Coronavirus Response Act. Overnight, Saturday, the DOL posted a third set of Q&As (Q&As 38-59) that address a number of recurring employer questions.
“Son or …