The anticipated legal challenges to the Department of Labor’s Final Rule regarding the salary level for white collar exempt employees were lodged yesterday through two separate lawsuits filed in the Eastern District of Texas. State of Nevada et al v. United States Department of Labor et al, E.D. Texas 16-CV-731; Plano Chamber of Commerce
U.S. Department of Labor Issues Revised FLSA Poster
The U.S. Department of Labor has issued a new FLSA poster, available for download here. Covered employers should replace old posters with the Department’s new versions. Employers should periodically review their compliance with FLSA and state law posting and notice requirements, particularly as related to tipped workers.
New Arizona Law Permits Parties To Establish Presumption Of Contractor Status Through Writing
As covered at length here, Arizona has enacted a new law effective August 6, 2016 allowing businesses and service providers seeking to enter into an independent contractor relationship to execute a “declaration of independent business status.” A declaration complying with the statute creates a presumption of proper classification of the relationship between the
Congress Approves Puerto Rico’s Reprieve From Salary Basis Increase
As discussed in detail here, the Senate has approved the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”). Among other provisions, PROMESA stays applicability of the new salary basis rule to Puerto Rico until the Comptroller General of the United States further analyzes the economic impact of such application, and the Secretary of
Latest Municipal Wage Law: Philadelphia’s Wage Theft Law
Full coverage of Philadelphia’s new Wage Theft Law – providing a separate new private right of action for violations of the Pennsylvania Wage Payment and Collection Law or the Pennsylvania Minimum Wage Act occurring in, or based on an “employment contract” made within, the city – is available here. The Law also creates the
San Diego Passes Sick Leave and Minimum Wage Ordinance
San Diego, California has become the latest municipality to add minimum wage and paid sick leave requirements for city employers. Full coverage is available here.
ESL Teachers At Private Learning Center FLSA “Teachers” Exempt from Overtime
Earlier this week, in a matter of first impression within the Second Circuit, Judge P. Kevin Castel of the Southern District of New York held that employees who teach English as a second language (“ESL”) at a privately-owned ESL learning center qualify for the professional exemption under the FLSA as “teachers.” Fernandez v. Zoni Language
DOL Announces Salary Threshold
News outlets are reporting that the new salary basis rule will take effect on December 1, 2016, and require a salary of $47,476 per year ($913/week). Reports also indicate that the new rule will require an update of the salary threshold every three years, as opposed to annual increases. This effective date provides employers a
DOL Expected To Issue Final Regulation Regarding Overtime Exemptions On Wednesday
The Department of Labor is expected to issue its long-awaited Final Rule regarding the white collar exemptions on Wednesday, at an event in Ohio attended by Vice President Biden and Secretary Perez, Politico reports. It is expected the Final Rule will increase the salary level requirement for white collar exemptions to approximately $47,000, and
Jersey City Seeks To Establish Minimum Workweek Floor of 30 Hours for Building Services
While many laws regulate the payment of wages for long hours (the broadest and most famous of these being the FLSA’s overtime requirement), few if any statutes purport to require workweeks of a certain length. However, that is exactly what Jersey City, NJ has now attempted to do in a new ordinance requiring a 30-hour