Articles Posted in Wage and Hour

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As I write this post on Wednesday night, Hurricane Milton is making landfall in Florida as a category three storm. 1.3 million people are without power, and forecasters warn that Milton could generate a storm surge with inundations of 12-13 feet.

Many of you with businesses in Florida will have closures this week. When companies shut down due to weather, employment issues arise. I can’t cover all of them in this post, but below, I’ve tried to outline some of the more prevalent federal issues with links to helpful resources.

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While monkeying around over the past week or so, I took a break from writing. By now, most of you have heard last week’s news about a Texas federal judge setting aside the FTC’s Noncompete Rule. But on Friday, the Fifth Circuit followed up with a decision vacating a U.S. Department of Labor final rule limiting the time tipped employees can spend in non-tipped activities when the employer receives a tip credit.

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Yesterday, the Department of Labor announced that a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers across fifteen facilities in what it claims to be “one of nation’s largest FLSA judgments.” Continue reading

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On July 1, the U.S. Department of Labor increased the salary level nationwide to qualify for certain overtime exemptions to the Fair Labor Standards Act from $684/week ($35,568/year) to $844/week ($43,888). On January 1, 2025, it will increase again to $1,128 per week or $58,656 per year.

Except for the State of Texas, as an employer. Continue reading

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“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont federal judge earlier this month. “But when such commentary is a threat of retaliation … it is without the protection of the First Amendment.”

That’s fancy speak for employers can’t use social media to retaliate against employees, current or former. Continue reading

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Yesterday, several employer groups and associations filed a federal lawsuit in the same court that, in 2017, stymied the U.S. Department of Labor‘s efforts to change the overtime rules by raising the minimum salary level needed to be exempt from receiving overtime. As I’ll explain below, the 2024 plaintiffs have also raised the same arguments that worked seven years ago.

It’s déjà vu all over again. Continue reading

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The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State, I’ll bring you up to speed on that, plus some new pending legislation.

(For the rest of you, have a nice weekend, and maybe add some pork roll or Taylor Ham to your breakfast sandwich.) Continue reading

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