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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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Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Askew v. Inter-Continental Hotels Corp., Department of Labor, DOL, FLSA, FLSA Settlements, FLSA Update, Judicial Approval, Kentucky FLSA Settlement, Kentucky Wage and Hour Law, settlement, Wage & Hour
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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 California, Coronavirus, COVID-19, DOL, Fair Labor Standards Act, Outside Sales Exemption
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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 DOL, Economic Realities Test, Fair Labor Standards Act, Independent Contractor
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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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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 Fair Labor Standards Act, Lactation Accommodation, Rest Break, Wage & Hour
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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 2020, Bonus, Consultants, DOL, Exempt, Field Operations Handbook, Opinion Letters, Regular Rate of Pay, Training Program
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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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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 Classification, Employees, Fair Labor Standards Act, Marijuana, Minimum Wage, Misclassification, Paid Leave, Settlement Agreement, Wage & Hour
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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 Fair Labor Standards Act, Labor, Trump, USDOL
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