Tag Archives: gt_law

Roundtable Discussion – New DOL Overtime Regulations

On Tuesday, June 21, 2016, in Greenberg Traurig’s Las Vegas office, and Wednesday, June 22, 2016, in Greenberg Traurig’s Phoenix office, GT will host a Roundtable Discussion regarding the new regulations issued by the DOL. These regulations will likely go into effect in a few weeks, changing one of the key components of federal wage and hour … Continue Reading

Virginia Letter Ruling Finds Nexus Based on Employee Working From Home

The Virginia Department of Taxation recently issued a letter ruling which determined that an employee working from home within the state creates corporate income tax nexus. Letter Ruling The Virginia Department of Taxation (the Department) recently responded to a request for a letter ruling regarding the issue of whether a single employee working from a … Continue Reading

The New Overtime Regulations and Their Impact on the Salary Basis Test

As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement.  Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per week … Continue Reading

The ARB Potentially Broadens Protected Activity Under Sarbanes-Oxley

Just when employers thought that the anti-retaliation provision of the Sarbanes-Oxley Act of 2002 (SOX), 15 U.S.C. § 1514A, already covered a broad range of protected conduct, the Department of Labor’s Administrative Review Board (ARB), the appellate body that reviews Administrative Law Judge (ALJ) decisions, potentially broadened the scope of conduct that is protected from … Continue Reading

The DOL Issues Broader Fiduciary Adviser Definition: What Does it Mean for You?

Since the enactment of ERISA in 1974, there has been a dramatic shift in the retirement savings marketplace from employer-sponsored defined benefit plans to participant-directed 401(k) plans, coupled with the widespread growth of Individual Retirement Accounts and Annuities (IRAs). In fact, 401(k) plans did not exist at the time the Department of Labor (DOL) published … Continue Reading

U.S. Department of Labor Issues Final Rule Boosting Minimum Salary for Overtime Exemptions

On May 18, 2016, President Obama and U.S. Department of Labor Secretary Thomas Perez announced the issuance of the Final Rule updating the salary requirements of the Fair Labor Standards Act’s overtime exemptions.  The increase in salary standard, which will go into effect on Dec. 1, 2016, boosts the minimum salary level for exempt status … Continue Reading

Final Rule Change to FLSA Salary and Salary Basis Tests for Overtime Exemption

On May 18, 2016, the United States Department of Labor (DOL) unveiled new overtime regulations that represent the largest change in the Fair Labor Standards Act (FLSA) in over two-decades.  The final version of the new FLSA rule will increase the salary threshold from $23,660 annually ($455/week) to $47,476 annually ($913/week) for a worker to … Continue Reading

How ‘The Defend Trade Secrets Act’ Affects Your Employment Agreements

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is immediately effective, and applies to misappropriation that occurs after its enactment. The DTSA is the most significant expansion of intellectual property law since the Lanham Act was passed in the 1940s. The DTSA largely tracks the Uniform … Continue Reading

OSHA’s Final Rule on ‘Improving Tracking of Workplace Injuries and Illnesses’

Employers’ Injury and Illness Information Becomes Public and Expanded Protections for Employees that Report Injuries and Illnesses On May 11, 2016, the Occupational Safety and Health Administration (OSHA) issued its much anticipated final rule on recordkeeping and reporting. The final rule requires employers in certain industries to electronically submit information about workplace injuries and illnesses … Continue Reading

Crossing Borders: Employment Considerations – English IS a Second Language

Many countries outside the United States consider their choice of language to be an essential part of who they are and how they conduct business. Regardless of their residents’ skill in demonstrating a remarkable ability to speak numerous languages, many countries do not suffer angst over their legal commitment to their national language. They expect … Continue Reading

Greenberg Traurig’s Jim Boudreau Quoted in Bloomberg BNA’s Labor and Employment Blog Series

Jim Boudreau, shareholder at Greenberg Traurig, was recently quoted in two articles in Bloomberg BNA’s Labor and Employment Blog series discussing issues relating to Article III in Fair Labor Standards Act (FLSA) class and collective actions. Jim also discussed the federal courts’ reaction to Campbell-Ewald and the potential for due process issues that may arise … Continue Reading

Rising Salary Levels Governing Fair Labor Standards Act’s ‘White Collar’ Exemptions May Lift Union Votes

Since March 14, 2016, when the Department of Labor (DOL) transmitted its final rule to the Office of Management and Budget (OMB) increasing the salary required to qualify for the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA), employers have been encouraged to start planning to ensure compliance.1 Whether these regulations will … Continue Reading

OSHA Continues to Make Changes to Its Enforcement Procedures for Reporting Requirements

Hey employer, remember that workplace injury that you reported to OSHA a few months ago? You remember, right? The one where after you gave OSHA information about the workplace injury, like the root cause of the incident, and a few days later OSHA informed you that it considered the matter “closed.” Well guess what? OSHA … Continue Reading

Crossing Borders: Employment Considerations – Is Employment a Universal Concept?

We often expect differences among legal approaches to employment relationships around the globe. Do we ever think about the similarities? In the vast majority of countries through which my legal work life has blazed a trail, there is one concept that is remarkably universal: the definition of employment. When characterizing what happens in each of … Continue Reading

Trial by Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage & Hour Class Actions

Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2 decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), addressing class claims for overtime compensation certified under Federal Rule of Civil Procedure 23 … Continue Reading

Secretary of Labor v. U.S. Steel Corporation, Inc. and OSHA’s Continued Stand Against Employer Retaliation

Employers, do your safety policies and procedures require employees to immediately report their injuries? Do you discipline employees for failing to follow your safety policies and procedures? Most employers with safety programs in place probably answered “yes” to both of those questions and probably believe that both of those propositions are central to managing their … Continue Reading

Start Planning! The Department of Labor’s White Collar Overtime Rules Are Coming…For Real!

On Monday, March 14, 2016, the Department of Labor (DOL) sent its final rule revising the white collar overtime exemption regulations of the federal Fair Labor Standards Act (FLSA) to the White House Office of Management and Budget (OMB). The OMB’s review is the final step in the regulatory process before the revised regulations are … Continue Reading

New White Collar Exemption Regulations Are Upon Us – Are You Prepared?

On March 14, 2016, the U.S. Department of Labor (DOL) via its Wage and Hour Division forwarded its proposed modifications to the white collar exemptions of the Fair Labor Standards Act (FLSA) to the Congressional Office of Management and Budget (OMB). This is the final step before the new regulation is officially published, allowing Congress … Continue Reading

Governmental Regulations Do Not an Employee Make

The Seventh Circuit recently affirmed the district court’s decision in Callahan v. City of Chicago, 75 F. Supp. 3d 791 (N.D. Ill. 2015). Callahan, a taxi driver in Chicago, brought suit in district court against the city, pursuant to the Fair Labor Standards Act (FLSA), arguing that the city’s extensive regulations of the taxi industry … Continue Reading

Implications of the Zika Virus on Employment-Related Travel

The Zika virus is the latest source of sleepless nights for public health officials, but it is also starting to take its emotional toll on US employers. Reports of children born with microcephaly and an uptick in reported cases of Guillain-Barré syndrome, which can cause numbness, nerve damage, paralysis and sometimes death in affected patients, … Continue Reading

U.S. Supreme Court Holds that Unaccepted Offer to Settle Per Rule 68 Does Not Moot a Case

In a 6-3 opinion, the United States Supreme Court held yesterday that a defendant’s unaccepted Rule 68 offer of judgment for complete relief does not moot a case. See Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). Justice Bader Ginsburg, writing for the 6-3 majority, explained that “[u]nder basic principles of contract law,” an offer … Continue Reading

Crossing Borders: Employment Considerations – Locating Your People

Many years ago, every evening at 10 p.m. a local television station would present the following public service announcement: “It’s 10 p.m. Do you know where your children are?” Today, HR professionals need to ask themselves a similar question: “It’s 2016. Do you know where your employees are?” Employees are legal links to their employing … Continue Reading
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