BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA!

Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the nation’s statistical outlier in the ...

Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor's new overtime rule this afternoon in an appearance at Jeni's Splendid Ice Cream in Columbus, Ohio. I'll post the rule, which will change the white-collar overtime exemptions to the Fair Labor Standards Act, as soon as it's available. Meanwhile, the DOL has already released the ...

No one is immune from wage-hour payouts. Not even a Human Resources consultant.

California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267 employees. The payment is in settlement of a wage-hour investigation conducted by the San Francisco office of the U.S. Department of Labor.

According to the DOL ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...

NOTE FROM ROBIN: Ellen Kearns is head of our Boston Office and co-chair of the firm's Wage-Hour Practice Group.

The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor's fall 2015 regulatory agenda, which the Office of Management and Budget published just before Thanksgiving.

I had earlier reported that ...

NOTE FROM ROBIN: This post is by Ellen Kearns, head of our Boston Office and co-chair of our Wage and Hour Practice Group.

You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime regulations will not be issued until late ...

"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 ...

For a guy who doesn't tweet, Jim Coleman - head of Constangy's Metro Washington D.C. Office and co-chair of our Wage and Hour Practice Group - has suddenly become an awfully big Twitter celeb.

(Or anyway, as big a Twitter celeb as employment lawyers ever become.)

It all started last weekend, when I got a tweet from Suzanne Lucas, the Evil HR Lady:

As I told Suzanne, I really wasn't sure, so ...

Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday.

Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually reading and analyzing the documents in light of ...

Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the federal Office of Management and Budget, which means that the proposed revisions to the overtime regulations could be made public before long.

Although the specifics are not known at this time, the proposed rule is ...