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

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.

Jack and the wage and hour beanstalk

I admit maybe the title of this post should be “Shawn and the wage and hour beanstalk.” A recent decision by a Wisconsin court appeals keeps a long-running wage and hour complaint going even further in the battle for a large amount of attorneys’ fees. What may be most troubling for employers reading about this […]

Harley Storrings quoted in Society for Human Resource Management newsletter on FLSA lawsuits

Arnstein & Lehr Miami Partner Harley Storrings was quoted in the July issue of The Society for Human Resource Management newsletter. The article, titled “FLSA: The Dinosaur in the Room,” discusses the Fair Labor Standards Act of 1938 and the increase in lawsuits as the law has increasingly fallen out of step with the modern […]

A swan song for unpaid internships?

Recent Case Filings Renew the Call to Evaluate Whether Your Interns Are Employees You might have noticed an extra bounce in your step recently as Wednesday marked the official beginning of summer. Along with extra fun, this time of year is also known for summer internships. Many employers, faced with tough economic circumstances over the […]

Jason Tremblay to present at 4-part seminar series on employment law for businesses

Arnstein & Lehr Chicago Partner Jason Tremblay will speak at the “Employment Law for Businesses” seminars co-hosted by Arnstein & Lehr. The 4-part seminar series covers topics on  employment laws, pitfalls facing employers and easy steps to reduce liability and protect your business. The seminars will take place in Arnstein & Lehr’s Chicago office and by […]

FLSA Claims Are Becoming More Difficult to Settle Prior to Class Certification

On August 4, 2011, we reported on the case of Dionne v. Floormasters Enters, a case from the Eleventh Circuit Court of Appeals that effectively allowed an employer to avoid paying attorneys’ fees in an FLSA lawsuit and also allowed the dismissal of an FLSA lawsuit prior to class certification where an offer of judgment […]

New Case Allows Employer to Potentially Avoid Attorneys’ Fees In FLSA Cases

In a rare FLSA victory for employers, the 11th Circuit recently handled down a key decision for employers seeing to limit their exposure to attorneys’ fees in FLSA actions which, in many cases, can far exceed the amount of damages suffered by the employees. In Dionne v. Floormasters Enters, 2011 U.S. App. Lexis 15560 (11th […]