All employers who are subject to the Fair Labor Standards Act’s (“FLSA”) minimum wage provisions and the Employee Polygraph Protection Act (“EPPA”) must post, and keep posted, notices explaining these laws. The notices must be posted in a prominent and conspicuous place in every establishment where they can readily be…
A Challenge to the New Overtime Rules
On July 14, 2016, several house democrats, including Representative Gwen Graham from Florida, sponsored the Overtime Reform and Enhancement Act. The OREA (H.B. 5813) proposes to change the Department of Labor’s new overtime rules in two significant ways. First, the OREA would provide a gradual schedule to increase the minimum…
App-Based Business Models May Generate a New “Hybrid” Employee Classification
Online, app-based companies such as Uber and Lyft recently attempted to settle class-action lawsuits brought by drivers who contend they were misclassified as independent contractors rather than employees. Uber recently reached a proposed $100 million dollar settlement with drivers who worked in California and Massachusetts which keeps drivers classified as…
New Overtime Regulations are Anticipated to Have the Greatest Impact in California, Texas, and Florida
The day before the final rules extending overtime protections to 4.2 million workers were released, the White House provided its state-by-state and demographic breakdowns of the workers that as of December 1, 2016, will no longer qualify as exempt employees. It is not surprising that Florida was identified as one…
On May 18, 2016, the Department of Labor raised the minimum salary level that certain employees must be paid to qualify as exempt from the overtime pay requirements of the Fair Labor Standards Act. Under current regulations, executives (supervisors), administrative employees and professionals, must both perform “exempt” duties as defined…