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ten most recent federal employment law articles Ten Most Recent Federal Articles

Resource Update: Mental Health Issues in the Workplace – A Global Perspective

FordHarrison LLP • July 02, 2015
The intentional crash of Germanwings flight 9525 by an apparently mentally ill pilot into the French Alps this March shocked and distressed not just the millions of people who fly each day, but also the millions of responsible employers who strive to provide safe workplaces for their employees. In "Mental Health Issues in the Workplace – A Global Perspective," FordHarrison partner Sarah Pierce Wimberly discusses the difficulties involved in monitoring employees' mental health while balancing the compelling, but competing, duties to provide a safe workplace and protect employee confidentiality. For multinational employers, these difficulties are compounded by differing laws in the jurisdictions in which they do business. The article compares the obligations imposed by U.S. law to those imposed by laws in the U.K. and Germany, incorporating insight from Ius Laboris member firms in those countries. The article was published by Corporate Counsel magazine and is available on the In Depth Analysis page of the FordHarrison website.

Supreme Court Case Could Put Future of Public Sector Unions in Doubt

XpertHR • July 02, 2015
The Supreme Court announced Tuesday it will hear a case challenging the mandatory union dues that nearly all California teachers are currently required to pay. In Friedrichs v. California Teachers Association, the justices will consider the legality of a practice that labor unions consider crucial - collecting dues from all workers whether they belong to a union or not.

The Good, the Bad, and the Ugly – The Department of Labor Releases Its Proposed Update to the White-Collar Regulations

Jones Walker • July 02, 2015
You may recall our previous alert regarding President Obama’s March 2014 memorandum that instructed the Labor Secretary to “modernize and streamline” the regulations on exemptions from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements and warning you about imminent changes. Today, the Department of Labor (DOL) finally released the details of the long-awaited proposed rule on these exemptions under the FLSA. This proposed rule may impact your ability to classify your workers as exempt from minimum wage and overtime.

DOL’s Proposed FLSA Regulations to Significantly Change Employers’ Overtime Obligations

Vedder Price • July 02, 2015
On Tuesday, June 30, 2015 the U.S. Department of Labor (DOL) issued proposed regulations which, if adopted, will significantly change employers' obligations under the Fair Labor Standards Act (FLSA) and could make more than five million additional employees eligible for overtime compensation. The DOL's proposed changes come in direct response to President Obama's request that the DOL simplify the overtime regulations and make overtime available to more employees. At a minimum, the proposed regulations could result in overtime pay for many more lower-level managers.

eLABORate: DOL Proposes Doubling the Salary Level to Qualify Employees as Overtime Exempt

Phelps Dunbar LLP • July 02, 2015
The Department of Labor has just announced a proposed rule that would increase by more than two times the weekly salary required to treat most employees as exempt from the Fair Labor Standards Act’s overtime requirements.

Comment Period on New Overtime Proposal to End Early September, Say DOL Officials

Littler Mendelson, P.C. • July 02, 2015
In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime regulations for white collar employees. During the call, the DOL officials discussed the new proposed salary threshold, potential changes to the duties test, and the notice-and-comment period deadline.

PROPOSED OVERTIME RULE WOULD MORE THAN DOUBLE SALARY THRESHOLD FOR EXEMPT EMPLOYEES, WITH AUTOMATIC YEARLY INCREASES

Constangy, Brooks, Smith & Prophete, LLP • July 02, 2015
On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee exemptions from the overtime requirements of the Fair Labor Standards Act. In addition to the Notice, the Department has also issued a Fact Sheet and list of Frequently Asked Questions.

U.S. Department of Labor Announces New FLSA Salary Requirements for Exempt Employees

Young Conaway Stargatt & Taylor, LLP • July 02, 2015
The U.S. Department of Labor (DOL) released its proposed rule today that would broaden federal overtime pay regulations by raising the minimum salary threshold to $50,440 per year in order to qualify for an exemption from overtime under the Fair Labor Standards Act (FLSA).

Proposed Regulations Published ? Salary Floor Would Be Doubled (Updated 07 02 15)

Fisher & Phillips LLP • July 02, 2015
UPDATED 07 02 15: According to the Federal Register website, the proposals will be officially published this coming Monday, July 6. If they are, then comments will be due no later than Friday, September 4, 2015.

What a difference a day makes under the FMLA

Young Conaway Stargatt & Taylor, LLP • July 02, 2015
Under the Family and Medical Leave Act (FMLA), an eligible employee can take up to 12 weeks of protected leave for his own "serious health condition," which is defined under the U.S. Department of Labor's (DOL) regulations as a condition "that involves inpatient care . . . or continuing treatment by a health care provider." Although many FMLA cases have focused on the meaning of "continuing treatment," the definition of "inpatient care" has seen little review. A recent decision by the U.S. 3rd Circuit Court of Appeals (whose rulings apply to all Delaware employers) focused on the issue.