Search

Search form

Jeffrey W. BrecherBlog Posts

See all

The Future of Wage and Hour Law In the Biden Administration

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the...… Continue Reading
November 10, 2020

Workplace Law Under a Biden Administration

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the...… Continue Reading
November 10, 2020

DOL Issues New Opinion Letters on Fluctuating Workweek Hours Requirement, Other Topics

Continuing the practice it reinstituted during the current administration, on August 31, 2020 the U.S. Department of Labor’s (DOL) Wage Hour Division (WHD) issued four new Opinion Letters, addressing a variety of topics. That brings the total to 57 Opinion Letters issued since 2018, including the re-publication of 17 Opinion Letters withdrawn during the Obama...… Continue Reading
September 1, 2020

New York Governor Vetoes “Wage Theft” Lien Bill, Promises Replacement

Concluding that it too broadly defined “employer” and raised a myriad of due process concerns that subjected it to risks of unconstitutionality, on December 31, 2019, Governor Andrew Cuomo Governor Cuomo vetoed a bill that would have allowed a current or former employee (or the New York State Department of Labor), alleging “wage theft” by...… Continue Reading
January 6, 2020

U.S. House of Representatives Passes $15 Minimum Wage Bill

After six months of primarily internal Democratic Party wrangling, on July 18, 2019 the House of Representatives passed the Raise the Wage Act, which, if it became law, would progressively increase the federal minimum wage to $15.00 per hour over a six-year period. The House passage of the Bill comes at a time when an...… Continue Reading
July 18, 2019

DOL Extends Comment Periods for Proposed Joint Employer and Regular Rate Regulations

Citing the interest expressed by “law firms, unions, and advocacy organizations, among others,” the U.S. Department of Labor (DOL) has extended the period for public comment on recently-issued Notices of Proposed Rulemaking (NPRM) regarding amendments to the regulations concerning determination of the “regular rate” of pay under the Fair Labor Standards Act (FLSA) and to...… Continue Reading
May 14, 2019

Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration Agreements

Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by such actions in their arbitration agreement, the U.S. Supreme Court has ruled in a 5-4 decision. Lamps Plus, Inc. v. Varela, No....… Continue Reading
April 24, 2019

Comment Period Now Underway for New DOL Overtime Rule

Earlier this month, the U.S. Department of Labor (DOL) issued a new proposed rule that intends to raise the annual minimum salary requirements for the FLSA’s “white collar” (executive, administrative, and professional) overtime exemptions to $35,308 ($679 per week), up from the current annual minimum of $23,660 ($455 per week).  A full discussion of this...… Continue Reading
March 22, 2019

DOL Issues New Proposed Overtime Rule

The U.S. Department of Labor (DOL) has issued a new proposed rule raising the salary level requirements for the white collar exemptions.  A full article discussing the proposed rule will be published later but here is what you need to know now: The new standard salary level will be $35,308 annually ($679 per week).  This is...… Continue Reading
March 8, 2019

USDOL’s Wage & Hour Division Issues Internal Guidance Regarding Elimination of the “80/20” Tip Credit Rule

Last November, the United States Department of Labor (USDOL) issued Opinion Letter FLSA2018-27, rescinding the so-called “80/20” Tip Credit Rule, a provision that during the last decade had spawned a cottage industry of “80/20” cases.  These cases sought to dissect the duties of a server between those that allegedly generated tips and those that did...… Continue Reading
February 20, 2019

Pages