FLSA

States take lead on raising overtime salary thresholds

02/21/2018

The Obama-era plan to raise the salary threshold for overtime-exempt employees from $23,660 to $47,476 died in the courts. Now the DOL says it’s looking into a more modest raise in the threshold—somewhere near $33,000. But some states aren’t waiting.

Court: GrubHub drivers are contractors

02/16/2018

A federal judge in California has issued a ruling that should delight gig economy businesses.

Graco alone now opposes Minneapolis minimum

02/14/2018

The Minneapolis ordinance requires large employers (those with $500,000 or more in gross annual revenue) to pay $15 per hour by July 1, 2022.

Talk to your lawyer before switching to commissions

01/31/2018

If you are thinking of establishing a system of commissions to create new sales incentives, consult your attorney first. Errors are common.

Administrative exemption focuses on core business

01/23/2018

In order to claim a worker is exempt under the administrative exemption of the California Labor Code, an employee must do work directly related to management policies or general business operations of his employer or employer’s customers. Mere support work doesn’t count.

One case, two destinations: Arbitration and court!

01/23/2018

Here’s a decision that may complicate matters for employers that use arbitration agreements to keep employment disagreements out of federal courts.

No time records? Court will use workers’ tally

01/18/2018

It’s common for employers not to track the hours of independent contractors or exempt employees. That could end up being a serious mistake should one or more of those workers sue, arguing they were misclassified under the Fair Labor Standards Act.

More time to weigh in on new tip pool rule

01/11/2018

The Department of Labor has extended the deadline to comment on proposed tip pool rule changes to February 5, 2018. The original deadline was Jan. 3.

New DOL rule loosens restrictions on unpaid internships

01/11/2018

The Department of Labor under the Trump administration has rescinded the six-factor test and now uses a “primary beneficiary test” in which seven factors are weighed.

Joint employment definition takes a pro-employer turn

01/09/2018

A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.