It’s not very often an appellate court takes away a jury verdict because of the trial court’s discretionary ruling to extend a deadline. The case is Petrone v. Werner Enterprises (8th Cir. 10/10/2019). Student drivers for Werner Enterprises brought a FLSA collective action for alleged unpaid wages earned during an eight weeks student-driver training
Uncertainty Over the Future of Salary Test Remains Despite Court Ruling Invalidating Obama-Era Increase
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
Is it Really Possible the DOL’s Increase of the Minimum Salary for Exempt Employees Could Come Back?
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
Court of Appeals Ruling a Reminder that the Duties Test Still Matters for Supervisors
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
The DOL’s Lawyer Referral Arrangement with ABA Not Likely to Help Employers or Employees
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
Is There More to the Story About the New Mom Who Quit Her Job Because She Was Denied Access to a Lactation Room?
Last week a mother quit her job soon after returning from maternity leave because she claims her employer denied her access to a lactation room for three days (See Des Moines Register story here). Apparently, the employer had a lactation room on the premises as required by federal law. But, according to a complaint filed
Wage and Hour Cases in the News
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
What’s New This Week
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
Proceed with Caution When Considering Employee Furloughs
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