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
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
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
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
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:
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
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
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
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
Overnight, the U.S. Department of Labor’s Wage and Hour Division posted additional answers to pressing questions regarding leave issues under the Families First Coronavirus Response Act. These Q&As address a number of recurring employer questions.
Documentation. One of the topics addressed by the DOL includes required documentation to support the need for leave (which the