Lawyers and law firms have done a great job providing information and analysis about the Families First Coronavirus Relief Act (FFCRA). I’m especially proud of our team at Fredrikson & Byron for their heroic efforts putting together the firm’s Coronavirus Resource Center. Despite the flood of information, however, many practical questions about day-to-day compliance
Who is the Employer? Department of Labor Tries to Clarify the Rules Governing Joint Employment
By Patrick Smith on
Although “joint employment” is not a new legal concept, in recent years federal agencies such as the Department of Labor and National Labor Relations Board have made aggressive efforts to expand its application. The targets of those who seek to expand the concept of joint employment are typically employers who use independent contractors (common in…
What is the Department of Labor Trying to Accomplish with Its Recent Opinion Letter on FMLA Leave?
By Patrick Smith on
On March 14, the Department of Labor issued an opinion letter to answer the following two questions about FMLA leave: 1) may an employer delay designating leave as FMLA covered, even if the leave is for a FMLA qualifying reason, to allow the employee to exhaust paid leave first; 2) may an employer expand an…
Will the DOL’s Renewed Effort to Increase the Minimum Salary for Exempt Employees Fare Any Better than the Last Time it Tried?
By Patrick Smith on
Posted in Human Resources Compliance, Wage and Hour
In a widely publicized move, the U.S. Department of Labor on March 7 proposed an update to the Fair Labor Standards Act (FLSA) regulations governing employees who are exempt from overtime. The most significant change in the proposal is to raise the minimum salary an employee must earn to qualify as exempt from overtime. The…
Uncertainty Over the Future of Salary Test Remains Despite Court Ruling Invalidating Obama-Era Increase
By Patrick Smith on
On August 31, 2017, Judge Amos Mazzant in the Eastern District of Texas issued a final ruling invalidating the Obama Department of Labor’s increase in the minimum salary for exempt employees under the Fair Labor Standards Act. This is the same judge that issued the preliminary injunction on November 22, 2016 that prevented the rule…
What Happens Next with the DOL Overtime Rules?
By Patrick Smith on
We posted on November 23 about the surprising temporary injunction issued to stop the new overtime rules from going into effect on December 1. Many employers breathed a sigh of relief, but still wondered if this injunction was only a short term reprieve that could be taken away next year. Here are a few things…
The DOL’s Lawyer Referral Arrangement with ABA Not Likely to Help Employers or Employees
By Patrick Smith on
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 …