Renewed Increases to the White Collar Salary Threshold on the Horizon

Gray, Kristin - 300dpi
Kristin Gray

In 2016, as employers scrambled to prepare to comply with the U.S. Department of Labor’s (“DOL”) “final rule,” which more than doubled the minimum salary threshold needed to meet the “white collar” exemptions by, the U.S. Court of Appeals for the Fifth Circuit issued an injunction blocking it.  Now, the DOL is expected to issue a new Notice of Proposed Rulemaking—possibly this month—increasing the salary threshold for these exemptions.  Continue reading

U.S. Department of Labor’s New Guidance, Compliance Tool, and Leadership

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Julie Adams

February has been a busy month for the U.S. Department of Labor (“DOL”).  The Wage and Hour Division (“WHD”) published new guidance addressing tipped employees and payment of subminimum wages and released a new compliance tool.  The DOL also named a new Acting Wage and Hour Administrator.  Employers should review these new publications and developments for applicability to their workforce: Continue reading

Are Religious Organizations Subject to the Laws of Man?

Douglas, Jeff - 300dpi
Jeffrey Douglas

In 2012, the U.S. Supreme Court confirmed the existence and applicability of the ministerial exception in employment discrimination cases. See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012).  After conducting an exhaustive analysis of the history of separation of church and state including its origin in the first sentence of the Magna Carta, its merger during the reign of King Henry VIII, and its re-separation during the founding of this country, the Court concluded that the ministerial exemption is a critical safeguard against governmental interference in religious matters. Continue reading

After the Scare: Sixth Circuit says Insurance Agents Are Still Independent Contractors

Close, Grant - 300dpi
Grant Close

Last week, many insurance carriers breathed a sigh of relief when the Sixth Circuit Court of Appeals held that more than 700 American Family Life Insurance agents were properly classified as independent contractors, not employees.  The case is Jammal v. American Family Life Insurance Company, 2019 U.S. App. LEXIS 2905.  Continue reading

U.S. Department of Labor Forms FLSA Outreach Office

Bayonne, Michel - 300dpi
Mike Bayonne

U.S. Secretary of Labor, Alexander Acosta, recently formed the U.S. Department of Labor’s (“DOL”) new Office of Compliance Initiatives (“OCI”).  The stated purpose of the OCI, according to the DOL’s website, is in part to “promote greater understanding of federal labor laws and regulations, allowing job creators to prevent violations and protect Americans’ wages, workplace safety and health, retirement security, and other rights and benefits.”  To this end, the OCI focuses on education to ensure compliance with the Fair Labor Standards Act (“FLSA”).  Continue reading