News & Insights

In case you hadn’t heard, on November 22, 2016, a federal judge prohibited the U.S. Department of Labor’s new regulation from taking effect on December 1, 2016.  The regulations would have, but for the Court’s injunction, increased the salary threshold for exempt employees from $455 per week to $913 per week. The injunction applies in...

Earlier this year, the U.S. Department of Labor published a new rule that will increase the salary requirements for “exempt” employees under the Fair Labor Standards Act. The time for complying with the new rule is just around the corner – the regulation goes into effect on December 1, 2016 regardless of the pending new...

Last Thursday, President Obama announced his directive to the Department of Labor to begin the process of revising federal regulations to expand the number of Americans eligible for overtime under Fair Labor Standards Act. He specifically targeted the “white collar” exemptions from overtime, including the administrative, executive, and professional exemptions. Currently, employers paying certain employees...

Beginning January 2014, the IRS will begin enforcing guidance it published in a June 2012 ruling classifying automatic gratuities on restaurant checks as service charges and not tips. Many restaurants include automatic gratuities on checks for large parties or in the event of special promotions or discounts (Groupon or Scoutmob deals, for example) to ensure...

Who is an artist? For that matter, who gets to decide? These are existential questions rarely touched upon by folks who are not artists themselves.  But if your business employs creative types, you, unfortunately, must also wade into this philosophical quagmire, at least for the purposes of determining whether the artist is entitled to overtime...

Most employers are too busy with their day-to-day operations to expend much bandwidth wringing their hands over the nuances of employment-law compliance.  With this in mind, take a quick look at a rundown of the four most common employment law issues we see in our practice.  Simply knowing that these land mines are out there...

The most common problem I’ve encountered since opening up my practice is employers who are not compensating their employees correctly.  Unfortunately for these employers, wage and hour cases are big business for plaintiffs’ attorneys, and the Department of Labor loves making examples out of unsuspecting employers who are, in many cases, simply uninformed about the...