Posts tagged U.S. Department of Labor.

U.S. District Court Judge Sam R. Cummings in Lubbock, Texas, has issued a preliminary injunction, which blocks the U.S. Department of Labor's "Persuader Rule" from going into effect on Friday. I have not had a chance to read the decision yet, but here it is. This is great news for employers. Many thanks to my law partner, Mel Haas, who had the inside scoop and shared it with the rest of us ...

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 ...

In honor of Memorial Day weekend, here's a summary of the rights of employees who take leaves of absence to serve our country, and their family members.

USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 protects employees who leave their jobs to serve in various military capacities.

Five year (or more) rule. An employee's right of reemployment is good for at ...

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 ...

Dana Thrasher, head of our Employee Benefits Practice Group, offers her reflections on the U.S. Department of Labor's final Fiduciary Rule and what it means for those who provide investment advice.

And, if you haven't done so already, please do get over to visit our new FOCUS blog for Women Leaders in the Workplace and their friends. Subscription is free. It's cooler than a Harriet ...

We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.

Here's our scorecard:

PERSUADER RULE SCORECARD

March 30

UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.

UPDATE (4:33 P.M. EDT, 3/31/16): A second challenge to the Persuader Rule has been filed today in federal court in Minnesota.

Like the first robin in spring, here is what we believe is the first lawsuit challenging the "Persuader Rule," issued last week by the U.S. Department of Labor. The suit was filed ...

UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.

Mercy me! We now have a second challenge to the U.S. Department of Labor's Persuader Rule, filed today in federal court in Minnesota. This morning, I reported on a lawsuit filed yesterday in federal court in Arkansas. What will tomorrow bring?

The Minnesota lawsuit was filed by a network of labor ...

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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