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On March 29, 2023, the Restoring Overtime Pay Act of 2023 was introduced in Congress. The Act proposes to increase the salary threshold significantly for white collar exemptions and calls for it to be updated yearly until 2026.
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Thanks to a recent ruling by the U.S. 9th Circuit Court of Appeals, Alaska Airlines now faces a jury trial in a class action claim that it discriminated against pilots who took military leave.
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The U.S. Department of Labor's (DOL) revised test for determining whether interns are employees under the Fair Labor Standards Act (FLSA) just turned one, and the summer hiring season is fast approaching. Misclassification can be costly for employers. Let's make sure you understand and are correctly applying the DOL's revised test for unpaid internships.
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A recent decision from the U.S. 6th Circuit Court of Appeals upholding a noncompete agreement with a former employee highlights the need for legal counsel to craft preliminary injunction language that reflects the unique facts of the employee and their new position with the competitor.
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Piece-rate pay refers to a system in which employees are paid a fixed amount per item of work completed per day or per week. Unfortunately, some employers don’t realize piece-rate workers are covered by minimum wage and overtime rules—or worse, they ignore the rules. This can result in substantial liability if employees file suit or complain to the U.S. Department of Labor. One Arizona company recently learned this lesson in a very expensive and burdensome way.
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A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in North Carolina found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure to pay overtime properly.
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In the post-COVID era, many employers have transitioned their workforce to allow remote work “from anywhere” in order to retain and attract talent.
Many employees are eager to maximize their remote work opportunities by continuing their job duties while simultaneously traveling the globe. Employers need to understand their potential risk exposure to allowing excited and eager employees to work abroad.
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