If you employ “tipped” workers, I have good news and not-so-good news. OK, maybe it’s not really good news, but it’s interesting. The sort of good news is that Congress passed a budget and so the federal government was not shut down. (Yawn– I know). If you’re an employment law nerd like me, you find […]
Surprise! Your Interns Might Really Be Employees…
Many companies hire students as interns. Many employers take for granted that interns do not have to be paid or given benefits. Interns learn while on the job and everyone’s happy, right? Well, hold on a minute. Just last month, the DOL published Field Assistance Bulletin No. 2018-2 (not exactly an attention-grabbing name, I know) in […]
Is it the End for the New White-Collar Exemption Rules?
Back in November a federal judge put the Obama Administration’s overtime rules on hold. I previously posted about that here. But here is the quick recap: The DOL, at President Obama’s instruction, raised the minimum salary level for certain “white-collar” exemptions. Currently, the minimum salary level is $455 per week. The new rules were to […]
Is the DOL Now Going “Soft” on Joint Employers and Worker Classification?
In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL took the position that “[t]he concept of joint employment, like employment generally, should be defined expansively under the FLSA and MSPA.” It also differentiated between “horizontal” joint […]
Some Hot Employment Law Issues in 2017
Happy 2017, everyone! Well, it’s a new year, and many are wondering what’s in store in the year ahead. While I can’t answer that for each of you personally, I can provide a bird-eye view of some hot-button employment law issues which made an appearance in 2016 and on which you can assume you will […]