In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading
Wikipedia says that déjà vu is the phenomenon of feeling as though one has lived through the present situation before. Last Friday, a Texas federal judge vacated a U.S. Department of Labor 2024 Rule that raised the minimum salary level to be exempt from the Fair Labor Standards Act overtime rules on July 1, 2024 (and would have done so again on January 1, 2025).
If this sounds familiar, it should. In 2016, a Texas federal judge did the same thing. Continue reading
As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet.
Many of you with businesses in Florida will have closures this week. When companies shut down due to weather, employment issues arise. I can’t cover all of them in this post, but below, I’ve tried to outline some of the more prevalent federal issues with links to helpful resources.
Emphasizing that the Department of Labor has used a minimum salary requirement to help decide who is overtime-eligible, the Fifth Circuit Court of Appeals recently determined that the Fair Labor Standards Act authorizes this benchmark. Continue reading
While monkeying around over the past week or so, I took a break from writing. By now, most of you have heard last week’s news about a Texas federal judge setting aside the FTC’s Noncompete Rule. But on Friday, the Fifth Circuit followed up with a decision vacating a U.S. Department of Labor final rule limiting the time tipped employees can spend in non-tipped activities when the employer receives a tip credit.
Yesterday, the Department of Labor announced that a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers across fifteen facilities in what it claims to be “one of nation’s largest FLSA judgments.” Continue reading
On July 1, the U.S. Department of Labor increased the salary level nationwide to qualify for certain overtime exemptions to the Fair Labor Standards Act from $684/week ($35,568/year) to $844/week ($43,888). On January 1, 2025, it will increase again to $1,128 per week or $58,656 per year.
Except for the State of Texas, as an employer. Continue reading
On Friday, the U.S. Supreme Court overruled its 40-year-old decision in Chevron v. Natural Resources Defense Council, which had lawyers buzzing and many others wondering what the big deal with Chevron is anyway.
I’ll explain. Continue reading
On Monday, the Supreme Court agreed to review and establish the burden of proof that employers must satisfy to demonstrate the applicability of an overtime exemption under the Fair Labor Standards Act. Continue reading
“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont federal judge earlier this month. “But when such commentary is a threat of retaliation … it is without the protection of the First Amendment.”
That’s fancy speak for employers can’t use social media to retaliate against employees, current or former. Continue reading
The Employer Handbook Blog