Articles Posted in Wage and Hour

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At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for HRCI/SHRM credit, although one of you will have to supply the Festivus Pole.

Did I mention it’s free? The other HR Festivus sessions, which kick off at 11:30 a.m., are also free. You can read the full agenda here. Although I’m not holding out for Jake Paul/Mike Tyson money, watching me compete in the feats of strength will cost you. Ah, who am I kidding? HR would spit out their coffee, and Amy would beat me like Paul did Tyson.

You can register here if you’d like to attend any or all of HR Festivus, the HR holiday you didn’t know you needed.

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Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others.

On paper, it didn’t sound good for the defendants. Continue reading

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Suppose you commonly reimburse employees for certain expenses like mileage, meals, or equipment. Suppose instead of paying them the usual rate of “x,” you decide to pay them significantly more, like maybe “4x” for those expenses. Can you do so and exclude those payments from the employee’s regular rate of pay if they work overtime? Continue reading

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Credit: Lori Chavez-DeRemer on Instagram

If you had your money on President-Elect Trump selecting a pro-labor Republican with support from several unions to run the U.S. Department of Labor, you and I should go to Vegas together so I can ride your coattails. Continue reading

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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

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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

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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.

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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.

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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

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