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Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The regulatory plan, published along with the fall edition of the agenda, identifies agency priorities and provides information about the significant rulemaking actions the agencies expect to take in the year ahead.

New Exemption Rules May Be Delayed To Late 2016

Waiting is the hardest part. Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or professional employee, employers have been asking when the new rules will take effect.

Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule to the U.S. Supreme Court. On November 18, 2015, the plaintiffs in Home Care Association of America v. Weil filed a petition for a writ of certiorari with the Supreme Court seeking review of the U.S. Court of Appeals for the D.C. Circuit’s decision upholding the DOL’s Home Care Rule and reversing the lower court’s decisions vacating the new rule. The Home Care Rule, among other things, prevents third-party employers of home care “companions” or live-in caregivers for the elderly and disabled from availing themselves of the longstanding statutory exemptions from the federal Fair Labor Standards Act's minimum wage and/or overtime requirements. The Supreme Court has the discretion to grant or deny review of the D.C. Circuit’s decision.

Winter Is Coming – But What About Those FLSA Exemption Changes?

You may be thinking we're the lawyers who cried wolf since we warned you not once, not twice, but three times that there were imminent changes coming to the requirements meet certain exemptions from minimum wage and overtime under the Fair Labor Standards Act ("FLSA"). We're not – those changes are still coming. But, now that the period during which the public could comment on the proposed rule has closed and the Department of Labor ("DOL") is faced with 270,000 comments, it now looks like the revisions won't go into effect until late 2016 (or possibly even 2017), and we're still uncertain about what those changes will actually look like.

Jail Time for Overtime Violations Sends Message: New York Is Serious About Wage Theft

The owner of a chain of Papa John's franchises in New York City who failed to pay overtime to his employees has been sentenced to 60 days in jail.

Home Care Fallout: Increased Institutionalization?

Five days into the DOL’s enforcement of the new rule rendering most home health aides eligible for overtime under the FLSA, questions abound regarding how state Medicaid and Medicare-funded programs will comply with the rule within their current budgets. One new report cautions consumers of home health care and their advocates to be aware of the rule so they can stave off “unintended harms” including, among others, the potential for “cuts in service hours [to] make it very difficult to remain in the community and avoid institutionalization, particularly if [consumers] cannot find additional workers to fill their [needed] hours.”

Fashioning Employee Schedules: Employees Question Compensation Practices

Technological advancements have impacted employee scheduling in certain industries. Notably, employers with access to real-time data that suggest the level of expected business on any given day may require employees to be “on call.” But, in a recent lawsuit against clothing retailer Forever 21, employees allege they’ve been subjected to “exploitative” scheduling practices regarding so-called “on call” shifts. Comparable suits have recently been filed against other fashion retailers like Victoria’s Secret and BCBG Max Azria, regarding similar policies.

New Overtime Regs: Will "duties test" be beefed up after all?

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 2016, which was a shock for those who’ve been following this issue and expected a final rule to be imminent.

UPDATE: When Will The Exemption Changes Occur?

Since our recent post on this topic, U.S. Solicitor of Labor M. Patricia Smith has appeared at the annual conference of the American Bar Association's Labor & Employment Law Section. Some of her remarks indicate that the U.S. Labor Department's final, revised regulations defining the Fair Labor Standards Act's Section 13(a)(1) exemptions might be forthcoming much later than many had thought.

Quick Quiz Answer: Part-Time Exempt Status November 13, 2015 03:43

The answer to our November 6, 2015 Quick Quiz is, "No". Under the new arrangement, Bigtown Computer Corporation could not continue to treat Tom as being exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements.