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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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Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations
On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions … Continue reading
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 Coronavirus, COVID-19, FFCRA, OSHA, Wage & Hour, WARN Act
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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 DOL, Exemption, Fair Labor Standards Act, USDOL, Wage & Hour
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Updated EEOC Guidance for Employers Permits Testing for COVID-19
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and … Continue reading
Posted in ADA, EEOC, Snell & Wilmer
| Tagged Coronavirus, COVID-19, EEOC Guidance
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The DOL Updates Its Model Notice of Employee Rights Under the Families First Coronavirus Response Act
The United States Department of Labor updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed to employees electronically in time for the FFCRA’s effective … Continue reading
Posted in DOL, Snell & Wilmer
| Tagged Coronavirus, COVID-19, DOL, Families First Coronavirus Response Act, USDOL
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Practical Guidance for Employers Grappling With the Coronavirus Threat
This week, the World Health Organization upgraded the global risk of the new coronavirus (COVID-19) to “very high” with over 83,000 cases being confirmed, including dozens in the United States. Employers are grappling with how to address the practical and … Continue reading
New Year, New Restrictions on Non-Compete Agreements
States across the country continue to enact legislation limiting the use of non-compete agreements. The most notable trend is the applicability (or, rather, non-applicability) of non-competition agreements to low-wage earners. As the new year begins, and many of these laws … Continue reading
Posted in Restrictive Covenant, Snell & Wilmer
| Tagged Employees, Non Compete, Non Competition, Non-Competition Agreement
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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