FLSA Overtime Exemptions: Are Your Employees Properly Classified?

Most employers are subject to the Fair Labor Standards Act (“FLSA” or “Act”) as covered enterprises.  As of January 1, 2020, the Department of Labor revised its regulations located at 29 C.F.R. Part 541 to raise the salary required for an employee to qualify for the most common exemptions from the Act’s overtime requirements to $684 per week, instead of $455 per week required previously.  Although the FLSA is enforced by the Department of Labor (“DOL”), an employee can choose between submitting a complaint with the DOL for investigation or filing a claim in a court of law.  Because the risks of incorrectly applying an overtime exemption can be costly, it is important to understand the more c

Tracking COVID-19 -Related OSHA Citations

Many State OSHA agencies have been active this year in citing employers for safety violations related to COVID-19. Federal OSHA, however, has only recently begun to cite employers for such violations. The purpose of this post is to track these federal citations thereby underscoring for employers the new emphasis being placed by the agency on COVID-19. So far, OSHA’s focus has been directed at meat packing plants and hospitals. Sept. 10, 2020 – Smithfield Packaged Meats Corp. At least 1,294 workers employed at Smithfield Packaged Meats Corp., in Sioux Falls, South Dakota, contracted coronavirus, and four employees died from the virus in the spring of 2020.On Sept. 10, 2020 OSHA announced it h

Robert Chadwick To Moderate Nov. 13 Webinar

On Nov. 13, 2020, Robert Chadwick will moderate a webinar sponsored by the Professional Liability Defense Federation entitled "The Battle Lines For Employment Claims: How will recent developments in the law regarding (1) obesity discrimination, (2) discrimination based on sexual orientation and sexual identity, (3) stereotypes regarding accused harassers, (4) overtime exemptions, and (5) independent contractor definitions affect claims?" The elite panel for the webinar includes: Dove Burns of Obermayer, Rebmann, Maxwell & Hippel, LLP in New York Sheri Gipson, Claims Specialist -Management Liability Claims, Ironshore Carrie Graziani, Senior Specialty Claims Manager for Hanover Moire Moron, As

Judge Voids Parts of DOL Rule Regarding Joint Employment

For the second time this year, a federal judge from the U.S. District Court for the Southern District of New York has struck down parts of a Department of Labor (“DOL”) Rule. DOL Rule At issue before the court was a Final Rule published by DOL on January 20, 2020 purporting to update and revise the agency’s interpretation of joint employment status under the Fair Labor Standards Act (“FLSA”). READ MORE

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