Iowa Employment Law Blog

Iowa Employment Law Blog

Alert and inform about legal issues, risks, and solutions relating to employees

Category Archives: Wage and Hour

Subscribe to Wage and Hour RSS Feed

Is it Really Possible the DOL’s Increase of the Minimum Salary for Exempt Employees Could Come Back?

Posted in Litigation and Trials, Wage and Hour
This time last year many employers were anxious about the new Department of Labor Rule that raised the minimum salary for exempt employees to $913 per week, more than double the existing minimum of $455.   The Rule was scheduled to become effective December 1, 2016.   Then, in a surprising stroke of fortune, on November 22,… Continue Reading

Surprise! The Employees of the Vendor You Hired Might be Your Employees Too

Posted in Human Resources Compliance, Labor, Wage and Hour
While “joint employment” is not a new legal concept, federal agencies such as the Department of Labor and National Labor Relations Board have aggressively sought to expand its application in recent years. A joint employment situation typically occurs when an employer uses an independent contractor or vendor for certain services, or relies upon a staffing… Continue Reading

Texas Court Grants Injunction Delaying the Department of Labor’s New Overtime Rules

Posted in Human Resources Compliance, Labor, Wage and Hour
On November 22, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction prohibiting the Department of Labor from implementing and enforcing the new overtime rule as scheduled on December 1, 2016. The new rule more than doubled the minimum salary an employee needed to qualify as exempt from overtime under… Continue Reading

Court of Appeals Ruling a Reminder that the Duties Test Still Matters for Supervisors

Posted in Eighth Circuit, Wage and Hour
There remains a surprising number of employers who believe an employee with the title of “supervisor” who is paid a fixed salary is exempt from the federal overtime requirements. While such an employee may be exempt, it is not because of the title, and the salary is only one of the components (assuming the salary… Continue Reading

The DOL’s Lawyer Referral Arrangement with ABA Not Likely to Help Employers or Employees

Posted in FMLA, Human Resources Compliance, Litigation and Trials, Wage and Hour
On the Friday before Thanksgiving, Vice-President Biden announced at a Middle Class Task Force event the creation of a collaboration between the U.S. Department of Labor and the American Bar Association.   According to the press release associated with the event, the purpose the collaboration is to “help workers resolve complaints received by DOL’s wage and… Continue Reading

Weekly Web Roundup: October 16, 2009

Posted in Human Resources Compliance, Social Networking, Wage and Hour
Wage and hour collective actions remain active in Iowa.  A Judge in Clinton County just approved a collective action settlement in which Wal-Mart agreed to pay $11 million to settle claims that it failed to pay overtime, properly account for breaks, and altered time records.   Employees and former employees who worked for Wal-Mart in Clinton between 1999-2009 will… Continue Reading

Weekly Web Roundup: October 2, 2009

Posted in Age Discrimination, Human Resources Compliance, Social Networking, Wage and Hour
More signs this week that the federal government is ramping up enforcement of employment laws.  The Department of Justice Civil Rights Division is seeking a $22 million budget increase for 2010, and is seeking to hire 50 new attorneys.   Law Memo Employment Law Blog reports that the EEOC has been very active recently in filing lawsuits.   The Agency  filed 32 lawsuits against employers… Continue Reading

Weekly Web Roundup

Posted in Disability Discrimination, Human Resources Compliance, Wage and Hour
The biggest news this week is the EEOC’s release of the proposed regulations for the ADA Amendments Act of 2009.   This post from Jackson Lewis provides some of the highlights.   Note that these are proposed regulations.  There is a 60 day period during which the EEOC will receive comments.  After considering the comments, the EEOC will… Continue Reading

Wage and Hour Cases in the News

Posted in Wage and Hour
Employee Availability After Hours Comes at a Price The Wall Street Journal reports on a potential boom in lawsuits relating to unpaid overtime.  The culprit–company issued smart phones combined with lean workforces requiring fewer employees who handle more responsibility.   With new technology, employees are capable, and often expected, to handle work related communication anytime and anywhere, whether they are… Continue Reading

What’s New This Week

Posted in Labor, Wage and Hour
As we enter the traditional "dog days" of summer, the world of labor and employment law remains active.  Here are are some highlights of important and interesting news this week: 1.   Furloughs Although there is some indication the recession is easing, many employers remain concerned about the economy.    Pay reductions and temporary furloughs provide a means by which employers can manage payroll… Continue Reading

Proceed with Caution When Considering Employee Furloughs

Posted in Wage and Hour
Many businesses in Iowa and elsewhere continue to experience slack demand, lower revenue, and low to non-existent profits.   Economic indicators in Iowa continue to sink.   As a means of trimming payroll expenses while avoiding long term or permanent lay-offs of employees, many employers are looking to voluntary or even mandatory unpaid furloughs.   Employers should be cautious when… Continue Reading