As you have read in our blog over the years, the misclassification of employees as exempt is one of the primary claims in wage and hour litigation. Misclassification claims can arise in many forms, including the classification of a certain job in a particular industry. Mortgage loan officers anyone? Today’s post is focused on the
U.S. Supreme Court Denies Stay of the DOL Wage Rule for Home Care Workers
The Department of Labor (DOL) promulgated a rule that brings home care workers, employed by third parties, within the protection of the Fair Labor Standards Act (FLSA). As a result, those home care workers employed by an entity other than the individual, or the family of the individual for whom they are caring, will be
Proposed Rule Gets 264,000 Comments
Last week, we reminded you that the public comment period on the DOL’s proposed changes to the FLSA white collar exemptions was going to end on Friday, September 4, 2015, and the DOL was not going to extend this comment period despite requests to do so. True to its word, the public comment period came
DOL Will Not Extend Comment Period on Proposed Regulations
In July, we wrote about the Department of Labor’s proposed changes to the regulations governing the white collar exemptions of the Fair Labor Standards Act. The current regulations governing these exemptions—executive, administrative, and professional—include a salary basis test by which to determine if an employee meets one of these exemptions. The salary basis test currently
New Exception to the Illinois Minimum Wage Law
The Illinois Minimum Wage Law (IMWL) generally provides that non-exempt employees must be paid one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. However, on July 10, 2015, Governor Rauner signed legislation amending the IMWL as it pertains to public employees who are members of a bargaining unit
Will Comp Time Become a Reality for the Private Sector?
On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. The bill seeks to amend the Fair Labor Standards Act to allow private sector employers to offer comp time at a rate of
Supreme Court Holds that “Mere Presence” of FLSA Collective-Action Claims Cannot Save a Lawsuit Where Named Plaintiff’s Individual Claims Are Moot
Guest Author: Lindsey Marcus
Some good news for employers. In a recent 5-4 opinion, the U.S. Supreme Court held that collective-action claims brought under the Fair Labor Standards Act (FLSA) are moot when the named plaintiff has no continuing personal interest in the outcome of the lawsuit and no motion for conditional certification has been
Obama Nominates New Labor Secretary
This morning, President Obama formally nominated Thomas Perez to be the next Secretary of the Department of Labor. Mr. Perez, an assistant U.S. Attorney General, will replace outgoing Secretary Hilda Solis. Mr. Perez’s nomination is widely supported by the labor community.
Mary Kay Henry, the president of the Service Employees International Union (SEIU), stated on
What Do You Mean I Have To Pay My Nanny Overtime?!
As a working mom, I am lucky to have a husband who is a stay-at-home parent. Rarely do I have to worry about being late to work because I have to drop my child off at school, or leaving work early to take my child to an after-school activity or doctor’s appointment. However, many of
DOL’s Misclassification Initiative Continues
Iowa is the latest State to sign a Memorandum of Understanding and join forces with the U.S. Department of Labor to combat employee misclassification. Although Labor Secretary Solis has announced her resignation, it appears that the Misclassification Initiative that she championed continues, at least for now.
As mentioned in a previous post, these Memorandums