Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading

Posted in California, DOL, FLSA, Snell & Wilmer | Tagged , , , , ,

Share this Article:

There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to … Continue reading

Posted in DOL, FLSA, Independent Contractor | Tagged , , ,

Share this Article:

COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here … Continue reading

Posted in ADEA, FLSA, OSHA, Snell & Wilmer | Tagged , , , , ,

Share this Article:

Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are … Continue reading

Posted in DOL, FLSA, Snell & Wilmer | Tagged , , , ,

Share this Article:

New Senate Bill Seeks to Expand Protections for Nursing Mothers

Currently under the Fair Labor Standards Act (“FLSA”), employers with 50 or more employees are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each … Continue reading

Posted in DOL, FLSA | Tagged , , ,

Share this Article:

The DOL Starts 2020 With a Bevy of Opinion Letters

Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year.  Two deal with issues under the FLSA and a third addresses issues under the FMLA. Opinion letter number … Continue reading

Posted in DOL, FLSA, FMLA | Tagged , , , , , , , ,

Share this Article:

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 , ,

Share this Article:

Nevada’s New Employment Laws in 2020

Nevada has undergone a significant transformation regarding the legal landscape affecting Nevada’s Employers. Several of these new laws have just recently gone into effect or are slated to go into effect at the beginning of the new year. Click here for some … Continue reading

Posted in FLSA, Independent Contractor, Minimum Wage, Nevada | Tagged , , , , , , , ,

Share this Article:

UPDATE: Scalia Fills Labor Role

On September 26, 2019, the Senate confirmed labor and employment attorney Eugene Scalia for Labor Secretary, in a 53-44 vote that was divided along party lines. Scalia served as the Labor Department’s chief legal officer from 2002-2003, before entering private … Continue reading

Posted in DOL, FLSA, Labor, Snell & Wilmer | Tagged , , ,

Share this Article:

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 , , , ,

Share this Article: