Labor & Employment Law Blog

On March 11, 2021, the U.S. Department of Labor announced plans to rescind two final rules which were promulgated under the prior administration: (1) the Independent Contractor Rule, which sets forth the standard under which a worker may be considered an independent contractor or employee under the Fair Labor Standards Act (FLSA); and (2) the Joint Employer Rule, which provides guidance for determining joint employer status when an employee performs work for his or her employer that simultaneously benefits another individual or entity.

On August 31, 2017, a federal judge in the Eastern District of Texas ruled the Department of Labor (“DOL”) exceeded its authority by more than doubling the minimum salary level needed for an employee to qualify for the “executive, administrative, or professional” exemption from federal overtime and minimum wage laws (commonly referred to as the “white collar exemption”).  U.S. District Court ...

The U.S. Department of Labor (“DOL”) recently issued regulations requiring employers to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016.

The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the FLSA. It also discusses independent contractor misclassification and includes the ...

On July 21, 2014, the California Court of Appeal soundly rejected attempts by an employee in a proposed class action to challenge an employer’s practice of deducting partial-day absences from the leave banks of exempt employees, including partial-day absences in increments of less than four hours.  Rhea v. General Atomics (“Rhea”).  In this decision, the court not only confirmed that California law permitted the deduction of partial-day absences from the leave banks of exempt employees, but also clarified that such deductions may occur in any increment of time.