Written by: Mariel Smith, Esq. On September 24, 2019, the Department of Labor (DOL) issued its final rule modifying the Fair Labor Standards Act (FLSA) overtime rules for executive, administrative, professional, computing positions (white collar), and highly compensated employees. The rule goes into effect on January 1, 2020 and it increases the minimum salary that employees must be paid to qualify for the white collar or highly compensated exemptions. What does

Written by: Jacqueline Voronov, Esq. and Jeffrey Daitz, Esq.  Hey New Jersey business owners- listen up! The State of New Jersey wants you to know that it is definitely pro-employee when it comes to wage and hour laws.   Under the robust new Wage Theft Act (S-1790), touted as the "toughest wage theft statute in the country," employers that violate wage and hour laws by not paying minimum wage, overtime

Written by: Jacqueline Voronov, Esq. The #TimesUp and #MeToo movements just bagged MAJOR wins in New York on Wednesday when state lawmakers passed sweeping anti-harassment legislation that will lower the bar for what qualifies as sexual harassment, among other things.  These changes build on a slate of laws that Gov. Cuomo signed last year amid the peak of the #MeToo movement that banned most nondisclosure agreements and mandatory arbitration

Written by: Jacqueline Voronov, Esq. and Jeff Daitz, Esq. That's right! Effective March 18, 2019, employment contracts, discrimination, harassment or retaliation related settlement agreements can no longer contain non-disclosure agreements (“NDAs”) against the employee if it has the “purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment…” This warrants repeating-provisions in any employment contract or settlement agreement that have the purpose or effect

Written by: Allison Averbuch, Esq. On March 7, 2019, the Department of Labor issued a proposed rule change that would raise the salary test for exemption from overtime pay from $23,660 per year ($455 per week) to $35,308 per year ($679 per week). What does the proposed rule change mean for my business? If the rule becomes final, many employees making between $23,660 and $35,508 will no longer meet the

Written by: Allison Averbuch, Esq. In January, the National Labor Relations Board (NLRB), in SuperShuttle DFW, Inc., walked back Obama-era collective-bargaining decisions. Overruling NLRB precedent established during the Obama administration, the SuperShuttle decision marks a return to the common-law agency test for determining whether workers are independent contractors or employees. If workers are considered independent contractors, then the collective bargaining and organizing rights available to employees under the National

Written by: Don Benson, Esq.  The U.S. Department of Labor issued a new Opinion Letters on November 8, 2018, which will be of interest to many employers with tipped employees. History of Issue. On 01/16/2009 the DOL issued an Opinion Letter which was withdrawn for further study on 03/02/09.  The DOL has now reissued that earlier Opinion Letter in its entirety as official Wage and Hour Division policy. I. Tipped Employees in Different

By: Don Benson, Esq. and Chas Whitehead1) If your company has employees who drive on the job in Georgia, significant changes to Georgia law go into effect on July 1, 2018. Key changes include (1) restricting drivers from physically holding or otherwise supporting their devices while driving unless it is a wearable voice-based communication device (such as a Bluetooth earpiece or smartwatch), and (2) a broadening of the definition of “wireless

By Don Benson, Esq. A new Eleventh Circuit case is being criticized for changing the standard for summary judgment in a discrimination case. Jefferson v. Sewon America, Inc., No. 17-11802 (June 1, 2018) This is incorrect. Although it does not raise the bar for employers on summary judgment and does not change prior case law; it does emphasize an important point for Employers when addressing both Plaintiff/Employee’s direct evidence and circumstantial theories for proving discrimination in

Written by: Don Benson, Esq. Every summer, many employers take on “interns” and ask whether the intern must be paid. If interns, trainees and students are “employees” of a “for-profit” employer under the Fair Labor Standards Act, then they must be paid minimum wage and overtime. Courts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA. In short, this