Tag Archives: Help

Federal Judge Invalidates Obama-Era Department of Labor Overtime Rule

On August 31, 2017, a federal district court judge in Texas struck down the Department of Labor’s Obama-era controversial 2016 rule that raised the minimum salary threshold required to qualify for the Fair Labor Standards Act’s “white collar” exemption. Under the proposed regulations, the minimum salary threshold was raised to just over $47,000 per year, and increased the overtime eligibility threshold for highly compensated workers from $100,000 to about $134,000.… Continue Reading

Overtime Rule Update: DOL To File Request for Information In Two to Three Weeks

One of the most controversial regulatory actions from the US Department of Labor during the Obama administration was the DOL’s regulation significantly increasing the salary level under the Fair Labor Standards Act’s white-collar exemptions. The regulation sought to more than double the current salary requirement of $23,660 per year, and it included an automatic updating requirement that would have accelerated future salary level increases at a rate well above the rate of inflation. … Continue Reading

California Supreme Court Clarifies Day of Rest Laws

It should come as no surprise that California, known for regulating work, also regulates rest. Section 551 of the California Labor Code states that, subject to certain exceptions, all employees are entitled to “one day’s rest” from labor “in seven” and Section 552 states that employers shall not “cause [] employees to work more than six days in seven.”… Continue Reading

Returning Balance To The NLRB

The National Labor Relations Board has an 80-plus year history of administering federal labor law and regulating labor-management relations in the United States. Since the board is made up of political appointees — five members who decide cases and a General Counsel who sets the board’s enforcement agenda — its interpretation of the National Labor Relations Act can vary depending on which political party holds the majority.… Continue Reading

LA’s Law Banning the Box for Private Employers Effective This Month

On January 22, 2017, the City of Los Angeles ‘banned the box’ when the Los Angeles Fair Chance Initiative for Hiring (Ban the Box) (the “Initiative”) went into effect, prohibiting private employers in Los Angeles “from inquiring into or seeking a job applicant’s criminal history unless and until a conditional offer of employment” is made to the individual.… Continue Reading

Ninth Circuit Joins Sister Circuits in Holding that Employees May be Required to Arbitrate USERRA Claims

The Ninth Circuit has joined both the Sixth and Fifth circuits in holding that USERRA claims are subject to arbitration pursuant to an employee’s agreement to arbitrate employment related claims. See Ziober v. BLB Resources, Inc., 2016 WL 5956733 (9th Cir. Oct. 14, 2016). In doing so, the Ninth Circuit, a traditionally pro-employee circuit, has assuaged any fear of uncertainty that employers may have had with respect to their rights to compel arbitration of USERRA claims.… Continue Reading
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