On March 13, 2014, President Barack Obama issued a presidential memorandum directing the Secretary of Labor to “modernize and streamline the existing overtime regulations”. The Department of Labor (DOL) took action and, in new rules set to become effective Dec. 1, 2016, raised the minimum salary threshold for exempt workers in many categories. Since then,
Federal Changes to Overtime Exemptions
For the last year, the U.S. Department of Labor (DOL) has been working on proposed rule changes related to overtime exemptions. These changes are designed to substantially decrease the number of employees who are exempt from overtime. Today, the Department of Labor released the final rule changes. Employers are required to be compliant with these
Employment Law 101: Holiday Parties
Who, What, Why . . .
Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff.
What are the legal issues: Holiday parties potentially implicate a variety of employment laws: Discrimination, Fair Labor Standards Act (“FLSA”), Workers’ Compensation, and liability
Can an Owner be Personally Liable for Wages?
You’ve set up a your business as an LLC or a Corporation and followed all of the legal requirements to keep the business up under Texas law. Your lawyer tells you the company will protect you from personal liability to your creditors as long as you follow all the required formalities.
After a few years
Employment Law 101: What Restaurants Need to Know About Tips
Who, What, Why . . .
Who does it apply to: Employers who take the “tip credit” against wages of some or all of their employees.
What is the “tip credit”: Employees who earn tips may be paid a lower hourly rate than the standard minimum wage on the theory that they make it up
Employment Law 101: How to Manage Unpaid Interns, Volunteers, and Trainees
Who, What, Why . . .
Who does it apply to: Every employer who has or intends to hire unpaid interns.
When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a “trainee” under the law, regardless of whether they are called an “intern.”
Drug Reps ARE Exempt from Overtime
Over the last several years virtually every drug company has been hit with a lawsuit about whether its drug representatives or “drug reps” are exempt from overtime. In case you have missed them on TV or in the doctor’s offices, drug reps are the folks who visit your doctor hawking drugs from all of the
Internships – To Pay or Not to Pay?
With unemployment for people 20 – 24 hovering around 13.2%, college students are flocking to unpaid internships to gain some experience, stay busy, and better position themselves for jobs afterward. As recently reported by Josh Sanburn at Time MoneyLand and Steven Greenhouse in the NYT, however, these unpaid internships have serious legal problems.
Businesses
Employment Law 101: A Guide to Job Descriptions
Who, What, Why . . .
Who does it apply to: Every employer, but especially those subject to discrimination laws or who have employees classified as exempt from overtime.
Why should I have any: If done right, a job description can help avoid discrimination claims, make job listings and interviews a snap, provide the analysis
Proof that Following Employment Laws is Important!
My favorite tipster over at LexBlog sent me a couple of links this week to an employment related issue in San Francisco. A popular vegan restaurant chain called Cafe Gratitude is closing eight locations over a series of employment lawsuits. Sparing 
you the gritty details, one lawsuit involves the café’s tipping policy which is a