Employers, when was the last time you had a real makeover? Let's do one now!
The new white-collar exemptions under the Fair Labor Standards Act will go into effect December 1, but it's a good idea for employers to prepare now because there are a lot of changes that will have to be made, communicated, and taught to employees before then.
The salary threshold for most white-collar ...
Hot dawg! Constangy, Brooks, Smith & Prophete has been named by Vault.com as the best law firm in the country for women lawyers and the best law firm in the country for minority lawyers. Heather Owen has the whole wonderful story at FOCUS, our women's leadership blog. This latest honor comes on the heels of our having been named by the National Law Journal as fourth best law firm for ...
My first job out of college was as a non-exempt clerical, and I wasn't a very "good fit." The work aside, I chafed at the rigid rules about start times-stop times-breaks-lunch hours-quitting times. If there was some work that I wanted to finish up and it was "lunch time," I couldn't take the extra 15 minutes needed to get it done. I had to stop right then and there, and go to lunch, or at least ...
"Do this, don't do that, can't you read the rules . . ."*
Of course, the mega-topic this week was the U.S. Department of Labor's Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin on the Rule, taking a complex subject and explaining it in a pithy and ...
I won't make this too painful - after all, it's Friday, and on top of that, the Final Rule on white-collar overtime exemptions under the Fair Labor Standards Act is due imminently. That will be painful enough.
This quiz concerns wage payment, which is normally governed by state law, not the FLSA. Wage payment laws generally require that employees receive "all wages when due," and the laws ...
The U.S. Department of Labor, Wage and Hour Division, has issued a new guide for employers on the Family and Medical Leave Act. I've only thumbed through it, but it seems to be pretty nicely done, and has some cute comics about the FMLA request/approval process.
(Seems like Will and Brenda could be a little friendlier, though.)
UPDATE (4/29/16): Here is the new FMLA poster
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws.
California's wage orders, which regulate working conditions for most industries and occupations, require that "[a]ll working employees shall be provided with suitable seats when the nature of the work ...
A federal judge in Indiana dismissed yesterday all that remained of a lawsuit filed by student athletes, alleging that they were "employees" and therefore entitled to the minimum wage under the Fair Labor Standards Act.
Don Prophete, Jim Goh, and Steve Moore of Constangy, Brooks, Smith & Prophete, LLP, represented the NCAA and hundreds of the university defendants.
The suit was ...
This is scary.
You'd think a person with "Manager" in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act.
A federal judge in Maine ruled that Bottomline Technologies, Inc., a financial processing services company, will have to face a jury trial on the wage-and-hour claims of Debra* Colello ...
"An apple a day keeps the doctor lawyer away." Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these involve major expense, or even the use of lawyers.
1. Err on the side of treating your workers as (a) non-exempt and (b) "employees." Let this be your default ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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