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FLSA

He said, they said: No records puts employer in a messy place

06/20/2024
Lawsuits for unpaid overtime aren’t always so cut-and-dried. They can come in layers, with each layer costing you more. The 5th Circuit ruled that an employer could be liable for unpaid overtime if it misclassified workers as independent contractors, even though the workers had scant evidence of their unpaid overtime.

Employer groups sue to block DOL’s new overtime rule

05/24/2024
A coalition of trade associations has filed a sweeping lawsuit asking a federal court in Texas to postpone the rule’s July 1 effective date, stop the rule from taking effect and forbid the DOL from “taking any action whatsoever” to implement the rule.

Employees reclassified? Time to start training managers

05/20/2024
You say you have already responded to the Department of Labor’s new overtime salary threshold by reclassifying some white-collar employees as overtime-eligible nonexempts? Congratulations! Now comes the hard part—training managers in the finer points of the Fair Labor Standards Act before the new rules take effect on July 1.

The OT clock is ticking: Will you be ready for the new rule by July 1?

05/20/2024
Some employers are responding to the U.S. Department of Labor’s new white-collar overtime salary threshold rule by reclassifying some exempt employees into overtime-eligible nonexempts. In other cases, they’re planning to avoid additional overtime by raising pay above the new salary threshold. How far along are you? You now have just over one month to comply with the Department of Labor’s new rules, which take effect July 1. Here’s what you need to do now.

Avoid the wage-and-hour mistake that just cost an employer $229 million

05/17/2024
A jury recently reminded a Washington state employer that rounding time in a way that deprives employees of pay—even if it’s just pennies—can trigger a class-action lawsuit with a huge payout.

AI and the FLSA: Not happy partners

05/06/2024
The EEOC has already issued guidance on AI and the Americans with Disabilities Act and in the hiring process. In conjunction with this collaborative effort, the DOL has issued a Field Assistance Bulletin that addresses AI and the FLSA.

Prepare for more DOL oversight of how AI affects FLSA compliance

05/06/2024
The U.S. Department of Labor is gearing up to ensure employers don’t misuse artificial-intelligence tools to track employees’ hours worked or how they spend their on-the-job time.

The new OT rule: What employers should do now

04/29/2024
The new rule will force employers to undertake a detailed analysis of how they classify white-collar employees and how much they pay them. Here are the steps you should follow.

Final overtime rule: OT salary threshold to hit $58,656 on Jan. 1, with interim hike to $43,888 on July 1

04/23/2024
Exempt employees earning less than $58,656 per year on Jan. 1, 2025, will be entitled to overtime pay when they work more than 40 hours in a workweek under a long-awaited final rule issued April 23 by the Department of Labor.

Senate, House vote to overturn NLRB joint-employer rule, Biden expected to veto

04/22/2024
The Senate voted 50–48 on April 10 to repeal the rule using provisions of the Congressional Review Act.