Employment Law Updates

DOL Announces Final FLSA Overtime Regulations

E. Jason Tremblay On Wednesday, May 18, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division released its final updated FLSA overtime regulations. While some of the changes were expected, there are a number of surprises. First, the new salary threshold for exempt executive, administrative and professional employees will be $47,476.00 per year […]

DOL Announces That the Exemption Regulations Will Be Published in July 2016

On February 17, 2016, Patricia Smith, U.S. Department of Labor solicitor, announced that the U.S. DOL Final Rule regarding the FLSA White Collar Exemption Regulations

NLRB’s New Joint Employment Standard

E. Jason Tremblay Are You A Joint Employer? Browning-Ferris Industries of California Case and Its Potential Impact By now, most employers are aware of the recent and significant decision from the National Labor Relations Board in Browning-Ferris Industries of California, Inc., 2015 NLRB LEXIS 672 (2015)(“Browning-Ferris”). In that case, the NLRB expanded who qualifies as […]

Many “Independent Contractors” May Now Be “Employees”

E. Jason Tremblay and Megan P. Toth Many “Independent Contractors” May Now Be “Employees” According to the Department of Labor On July 15, 2015, the U.S. Department of Labor issued an Administrator’s Interpretation regarding the application of the Fair Labor Standards Act with respect to the increasing misclassification of workers as “independent contractors.” The DOL’s […]

Fair Labor Standards Act Proposed Revisions Just Released

The U.S. Department of Labor just released its highly anticipated proposed revisions to the “white collar” exemptions to the Fair Labor Standards Act, which will significantly expand the number of workers who will be eligible for overtime pay.

Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants

E. Jason Tremblay Wisconsin Supreme Court: Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants in Wisconsin Resolving previously unsettled law in Wisconsin, the Wisconsin Supreme Court recently held in Runzheimer International Ltd v. Friedlen that continued employment of an at-will employee following the execution of a restrictive covenant, such as a non-competition agreement, is sufficient […]

U.S. Supreme Court Rules on Religious Accommodation Under Title VII

Megan Toth U.S. Supreme Court Rules That a Request for a Religious Accommodation Is not Required to Maintain a Title VII Claim On June 1, 2015, the United States Supreme Court issued its opinion on the much anticipated Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc., holding that an employee is not required to specifically […]

U.S. Supreme Court Has Been Busy on the Employment Front

In the last two months, the U.S. Supreme Court has decided three different cases, all of which have significant implications for employers.

More Company Handbook Provisions Are Held Invalid According to the NLRB

National Labor Relations Board (NLRB) has taken a very aggressive approach against employers by requiring them to rescind employee handbook provisions that it deems to be unlawful pursuant to the National Labor Relations Act (NLRA).

NLRB General Counsel Provides Guidance on Lawful and Unlawful Employer Rules

E. Jason Tremblay On March 18, 2015, the National Labor Relations Board (“NLRB”) General Counsel, Richard Griffin, issued the “Report of the General Counsel Concerning Employer Rules,” a comprehensive report providing guidance to employers on what the NLRB deems to be lawful and unlawful company handbook provisions and policies. We strongly encourage all employers, union […]