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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation
On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate employees’ overtime pay. According … Continue reading
Posted in DOL, FLSA, Pay, Snell & Wilmer
| Tagged Fair Labor Standards Act, Overtime, Wage & Hour
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U.S. Department of Labor Issues Final Salary Threshold Rule, Effective January 1, 2020
On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make an estimated 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). Check out Snell & Wilmer’s legal alert … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Final Rule, Highly Compensated Employees, Overtime, Salary, US Department of Labor
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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation
Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading
U.S. Department of Labor Proposes New Salary Threshold Rule
On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited Notice of Proposed Rulemaking (NPRM) to update the minimum salary threshold under the Fair Labor Standards Act – an update that would make approximately a million more … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Eastern District of Texas, Fifth Circuit, Notice, Notice of Proposed Rulemaking, Obama, Overtime, U.S. District Court, USDOL
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Q1 2019 Workplace Word – Out Now!
The first edition of the Workplace Word for 2019 has been published! In this edition, we take a look at three critical issues for employers during the hiring process – Form I-9 Compliance; Disability Inclusion and ADA Compliance; and What Not … Continue reading
Posted in ADA, Discrimination, Hiring, Immigration, Snell & Wilmer
| Tagged ADAAA, Disability, Form I-9, Hiring and Firing, Hiring Process, ICE, Interactive Process, Interview, Reasonable Accommodation, Work Authorization, Work Visa
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In-House Counsel Tool Kit: Employment Law Update
A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading
Posted in ADA, Discrimination, FLSA, FMLA
| Tagged #metoo, ADAAA, Disability, FMLA, Sexual Harassment, Wage & Hour
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The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters
The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters … Continue reading
Posted in DOL, FLSA, FMLA
| Tagged Department of Labor, Fair Labor Standards Act, Family Medical Leave Act, Opinion Letters, Wage & Hour, Wage and Hour Division
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Federal Court’s Ruling in GrubHub Case is a Win for Gig Companies, but it Doesn’t Settle the Debate Over Workers’ Status
A potential watershed ruling that a former Grubhub delivery driver was properly classified as an independent contractor rather than an employee is a victory for gig economy companies who hope the decision will help defeat similar lawsuits and provide some … Continue reading
Posted in California, Independent Contractor
| Tagged Classification, Delivery Driver, Employees, Misclassification, Status
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OMB Blocks EEOC’s Pay Reporting Requirements
Last Tuesday, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission’s collection of pay data from employer information reports, called EEO-1s. See here. The EEOC finalized the rule related to pay data collection in September 2016 in … Continue reading
Posted in Discrimination, EEOC, Pay
| Tagged Confidentiality, Data Collection, EEO, OMB, Pay Data, Privacy, Reporting Requirements, Trump, Victoria Lipnic
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Think Before You Ask: New Laws Banning Employers From Asking Job Applicants About Their Salary and Wage History
Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To … Continue reading
Posted in California, Discrimination, Hiring, Pay
| Tagged Equal Pay, Hiring and Firing, Job Applicants, Local Ordinances, Salary History, Wage Discrimination
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