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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in FLSA (46)

Friday
Jan202017

DOL Overtime Rule Update

As most readers are aware, the Department of Labor has appealed the November 22, 2016 Order of Judge Amos Mazzant of the United States District Court for the Eastern District of Texas which preliminarily enjoined the December 1, 2016 implementation of increases to the salary threshold under the FLSA overtime regulations.  The Department of Labor has already filed its brief with the Fifth Circuit Court of Appeals and on Tuesday, a group of 21 states filed their responsive brief with the Fifth Circuit arguing that the November 22, 2016, preliminary injunction issued by the District Court should be upheld. 

The states’ brief argued that the Fair Labor Standards Act does not empower the United States Department of Labor to establish a salary threshold for determining whether an individual qualifies for the executive, administrative, or professional exemption to the federal overtime standards. 

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Thursday
Jan122017

Election Year Creates Complexity for Employers: Verrill Dana Hosts Full-Day Conference, 2017 Annual Employment Law Update

The 2016 elections – local and national – have given rise to a number of complicated developments in labor and employment law. To help employers understand these changes and how to address them, Verrill Dana will host a full-day Annual Employment Law Update on Thursday, January 26, 2017 at The Westin Portland Harborview Hotel.

“While we were all focused on the minimum salary rule, courts and agencies across the country implemented changes that will affect how human resources professionals will do their job in 2017 and beyond,” said Doug Currier, Chair of the Labor & Employment Group. “This year’s conference will highlight how to navigate the ever-evolving employment landscape and best practices for addressing increasingly prevalent workplace scenarios.”

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Tuesday
Nov222016

Federal Judge Enjoins Upcoming DOL Overtime Salary Basis Increase

On November 22, 2016, a federal judge in the Eastern District of Texas granted a motion for preliminary injunction filed by the State of Nevada and twenty other states (State of Nevada, et al. v. United States Department of Labor et al., 4:16-cv-00731 (E.D. Tx. Nov. 22, 2016)). This ruling applies nationwide.

The Court ruled on a preliminary basis that the DOL did not have authority to increase the FLSA salary minimum from $455 per week to $913 per week. As most employers know, this rule was set to take effect on December 1, 2016. 

Verrill Dana expects the DOL will appeal this ruling to the Fifth Circuit and employers should understand the rule’s legality has not been finally determined. Verrill Dana will be monitoring and reporting on developments as they occur. 

Thursday
Sep222016

Despite Recent Challenges to Overtime Rule, Employers Should Continue Preparing for Implementation on December 1

On September 20, two lawsuits were filed in federal court seeking to stop the new overtime regulations from going into effect on December 1.  One lawsuit was filed by the U.S. Chamber of Commerce in conjunction with a number of other business groups.  The other lawsuit was filed by a coalition of 21 states (Nevada, Texas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, Kentucky, Iowa, Maine, New Mexico, Mississippi, and Michigan).  Both lawsuits were filed in the Eastern District of Texas and seek an injunction to block the overtime rule from going into effect.

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Tuesday
Aug092016

Is Your Company Complying with Updated Federal Posting Requirements?

On August 1, 2016, the DOL issued updated posting requirements for the Employee Polygraph Protection Act and the Employee Rights Under the Fair Labor Standards Act. If you haven’t updated your posters, you should do so immediately. You can print out copies here: 

- Employee Rights Under the Fair Labor Standards Act
- Employee Polygraph Protection Act

Remember that in addition to federal posting requirements, there are state and local posting requirements to be mindful of. Contact a member of Verrill Dana’s Labor & Employment Practice Group if you have any questions on required postings in your jurisdiction.

Wednesday
Aug032016

FLSA Construction Basics: Build a Solid Foundation with Proper Classification

New England Company & Affiliate Pay $2.6 Million in Back Wages

Over the past few years we have discussed the importance of proper classification of workers and the ever-increasing number of DOL audits and wage and hour lawsuits that are stemming from improper classification of the workforce. Yesterday, the Department of Labor announced that it reached a consent judgment with Force Corp. and its contractor AB Construction Group Inc. in which the companies will pay 478 workers $2.6 million in back wages, penalties, and damages as a result of the misclassification of employees as independent contractors. The consent judgment includes payment of approximately $2.4 million in wages and liquidated damages as well as $262,900 in civil penalties. The approximately $2.4 million is the DOL’s largest FLSA wage recovery in Massachusetts since 2009.

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