The U.S. District Court for the District of Columbia has ordered the EEOC to collect employee pay data—sorted by race, ethnicity and sex—by Sept. 30. The EEOC said it will open an online portal to start collecting the information from employers by July 15.

The U.S. Department of Labor announced a Notice of Proposed Rulemaking (NPRM) that would make more than a million more American workers eligible for overtime. Under the current law, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. Workers making at […]

On April 12, 2018, the Department of Labor (DOL) issued an opinion letter addressing the intersection between the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).  Specifically, the DOL addressed the issues of when an employee needs multiple breaks throughout the day due to an FMLA covered serious health condition. […]

On April 2, 2018, U.S. Supreme Court in Encino Motorcars, LLC v. Hector Navarro, et al, held that automobile dealership “service advisors” are exempt from the Fair Labor Standards Act (FLSA) overtime-pay requirement under 29 U.S.C. § 207(a), which requires that an employer pay overtime to covered employees who work more than 40 hours in a […]

On March 23 2018, President Trump signed into law the 2018 federal appropriations bill which included an addition to the Fair Labor Standards Act (FLSA) stating that “[a]n employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or […]

The National Labor Relations Board has reversed its 2017 decision against the Obama-era “joint-employer” rule.  Specifically, on February 9, the NLRB’s inspector general said that one of the board’s Republican members, William Emmanuel, should have been disqualified from taking part in its previous decision because his law firm had represented one of the parties in […]

On October 30, 2017, The U.S. Department of Labor confirmed it intends to “undertake new rulemaking with regard to overtime.”  Additionally, the DOL has also filed an appeal of the district court’s order holding the prior overtime rule invalid.   In its appeal, the DOL requests that the Fifth Circuit hold the appeal in abeyance while […]

Starting today, September 18, 2017, employers must begin using the revised Form I-9, Employment Eligibility Verification for all new hires. The new form includes changes to the instructions and to the Acceptable Documents on List C. The existing storage and retention rules have not changed. First-time paperwork violations – including failure to use the new […]