DOL Proposes New $35,308 Salary Threshold for Overtime Exemption

By: Megan Erickson Moritz | 03.08.2019

Today, the U.S. Department of Labor announced a Notice of Proposed Rulemaking, (again) proposing a hike to the salary threshold requirement under certain exemptions from the Fair Labor Standards Act (FLSA). In short, the DOL says the change “would make more than a million more American workers eligible for overtime.”  The proposal seeks to establish Read…

DOL Releases Updated FMLA Forms

By: Megan Erickson Moritz | 09.19.2018

Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term “updated” here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL’s model forms (which we typically Read…

Epic Systems v. Lewis: Arbitration Agreements and Employers’ New, Protective Shield from Employee Lawsuits

By: Megan Erickson Moritz | 06.05.2018

Introduction A recent 5-4 Supreme Court decision marks a major victory for employers interested in a new tool for their arsenal to protect their businesses from potential class action litigation. The Ruling The case, Epic Systems Corp. v. Lewis, largely pitted the Federal Arbitration Act (“FAA”) against the National Labor Relations Act (“NLRA”). The FAA requires Read…

Immigration and Customs Enforcement (ICE) is Cracking Down on Employers: Expect I-9 Audits This Summer and Beyond

By: Elizabeth Coonan | 05.24.2018

I-9 audits are on the rise. U.S. Immigration and Customs Enforcement (ICE) – the agency charged with enforcing U.S. Immigration laws – reports that between October 1, 2017 and May 4, 2018, the agency initiated approximately 2,282 employer audits (an average of about 321 audits per month). Contrast that with the prior fiscal year figures Read…

Are You Ready if a Sexual Harassment Scandal Hits Your Business? – Part III

By: Michael Dee | 03.20.2018

As outlined in our earlier posts, business leaders are subject to increasing scrutiny in light of the national dialogue happening right now. This movement is not limited to the arena of celebrities and politicians. Does your business know what to do if allegations are lodged against your CEO or other critical managers?    Given the spotlight being Read…

U.S. Department of Labor Announced New Payroll Audit Independent Investigation (PAID) Program

By: Megan Erickson Moritz | 03.16.2018

The Wage and Hour Division (WHD) of the federal Department of Labor (DOL) announced a new pilot program aimed to help resolve potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA).  More information about the Payroll Audit Independent Determination (PAID) program will be available in the coming weeks, but the DOL has given Read…

Are You Ready if a Sexual Harassment Scandal Hits Your Business? – Part II

By: Michael Dee | 12.20.2017

Does your business have a handle on its policy enforcement? As outlined in our earlier post, charges of sexual harassment have always posed the potential for very serious liability.  Historically, however, sexual harassment has been relatively difficult to prove from the legal perspective. That tide is turning, however, as technology and social media have armed victims Read…

Are You Ready if a Sexual Harassment Scandal Hits Your Business?

By: Michael Dee | 12.07.2017

Does your business have the basics covered? For the past several months, we have been inundated with daily news about entertainers, media personalities, and politicians being accused of sexual harassment and worse.  Victims of such conduct are no longer remaining silent – and rightfully so.  The era of responding to an employee’s allegation of sexual Read…

Employment & Labor Law

By: Elizabeth Coonan | 10.25.2013

Welcome to the BrownWinick Employment & Labor Law Practice Group Blog – WorkplaceWise! We look forward to using this forum to discuss the latest news, trends, cases and legislative updates. This blog is maintained by attorneys in BrownWinick’s Employment & Labor Law, Employee Benefits and Litigation practice groups, discussing legal developments of interest to employers Read…