BW INSIGHTS

DOL's New Overtime Rule Released, Updating Earnings Thresholds

By BrownWinick | 09.24.2019

Today, the U.S. Department of Labor (DOL) released its final rule, updating earnings requirements for exempt treatment under the Executive, Administrative, and Professional (or "EAP") exemptions of the Fair Labor Standards Act ("FLSA"). Under the final rule: The salary level requirement under the EAP exemptions will rise from $455 a week (or... Read More

I-9 Checkup: Everything Old is New... for Now.

By BrownWinick | 08.28.2019

United States Citizenship and Immigration Services (USCIS) announced this week that until further notice, employers should continue using the Form I-9 currently bearing expiration date of 8/31/2019, even after the expiration date has passed. The agency will provide updated information about the new version of the Form I-9 as it becomes available.... Read More

Defining Harassment in a New York State of Mind

By BrownWinick | 08.19.2019

On August 12, 2019, the state of New York officially expanded its protections on unlawful harassment in the workplace. Some of the key changes include the following: Elimination of the “severe” or “pervasive” standard. Employees only have to establish that they were subjected to “inferior terms, conditions or privileges of employment” as a result... Read More

EEO Pay Data Collection Update: It is Time to Comply

By BrownWinick | 07.17.2019

Article written by BrownWinick 2019 Summer Associate, Mariah Kauder In 2017, the federal government suspended collection of Component 2 data from employers subject to EEO-1 reporting requirements. Component 2 data includes employee hours worked and pay information categorized by job type, race, ethnicity, and sex. Following a contentious legal... Read More

EEO-1 Pay Data Collection for 2017 and 2018

By BrownWinick | 05.08.2019

The Equal Employment Opportunity Commission (EEOC) announced that employers must report pay data for 2017 and 2018 by September 30, 2019. Pay data must be collected and reported with respect to race, sex and ethnicity. While the details regarding how to upload the required data have not yet been released, employers with 100 or more employees or... Read More

DOL Proposes Updates to Regular Rate Under FLSA

By BrownWinick | 04.03.2019

On March 28, 2019, the U.S. Department of Labor (DOL) announced another proposed rule to update regulations under the Fair Labor Standards Act (FLSA). The proposed rule would amend 29 CFR part 778 to revise the “regular rate” requirements under section 7(e) of the FLSA, 29 U.S.C. § 207(e). Under the default rule for calculating required overtime... Read More

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

By BrownWinick | 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... Read More

DOL Releases Updated FMLA Forms

By BrownWinick | 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 encourage employers... Read More

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

By BrownWinick | 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”).... Read More

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

By BrownWinick | 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 (1,360... Read More