Labor & Employment News Alert

Department of Labor Issues Final Rule Increasing Salary Threshold for Overtime Exemptions

April 24, 2024

On April 23, 2024, the Department of Labor issued a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” The rule significantly raises the minimum salary thresholds to qualify for certain exemptions from overtime pay under the Fair Labor Standards Act (FLSA). Specifically, the rule will raise the minimum weekly…

College Basketball Players are “Employees,” says NLRB Regional Director

February 6, 2024

On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) concluded that Dartmouth College’s men’s basketball players are “employees,” and that, as employees, they are eligible to unionize. The decision has seismic implications and further clouds the future of the NCAA’s “amateur” status.

In her decision, Regional Director Laura Sacks stated: “Because Dartmouth has the…

Fourth Circuit Emphasizes the Plaintiff’s Burden in Wage Discrimination and Retaliation Cases

October 20, 2023

In Noonan v. Consolidated Shoe Company, No. 21-2328 (4th Cir. Oct. 19, 2023), the United States Court of Appeals for the Fourth Circuit stressed the need for proper comparators in wage discrimination cases. The Court also emphasized the employee’s burden to prove a causal link between alleged gender-based discrimination and adverse employment actions.

The Fourth Circuit affirmed the district…

Safe Harbor Provision of the West Virginia Wage Payment and Collection Act

March 27, 2020

On March 25, 2020, Governor Jim Justice signed into law an amendment to the West Virginia Wage Payment and Collection Act (“WPCA”) that provides a “safe harbor” to employers, allowing them an opportunity to correct underpayment or nonpayment of wages and fringe benefits due to separated employees prior to the start of lengthy - and costly - litigation.

Before the passage of this law, if an…

Additional Sick Leave in Colorado: An Overview of the Temporary Colorado HELP Rules

March 23, 2020

On Tuesday, March 10, 2020, Governor Jared Polis declared a state of emergency in Colorado relative to Coronavirus (“COVID-19”).  The very next day, the Colorado Department of Labor and Employment (“CDLE”) passed emergency rules regarding paid sick leave and access to wage support.  While the focus surrounding COVID-19 is generally about keeping ourselves and those around us safe from the virus,…

Eliminating Absurd Outcomes under the Wage Payment and Collection Act

March 6, 2020

On March 6, 2020, the West Virginia Legislature approved an amendment (HB 2646) to the West Virginia Wage Payment and Collection Act (“WPCA”) that will encourage employers and employees to quickly resolve disputes regarding untimely payment of wages without having to pay liquidated damages or attorneys’ fees. 

The WPCA requires West Virginia employers to pay all wages to a separated employee by…

Notice of Proposed Rulemaking: DOL Proposes Overtime Pay Expansion

March 7, 2019

After months of speculation, the U.S. Department of Labor (DOL) unveiled new overtime pay requirements on Thursday, March 7, 2019. The new proposal would raise the new salary threshold for white collar overtime exemptions will move to $35,308 per year under the Fair Labor Standards Act.

Workers who earn less than $35,308 per year (or $679 per week) would be automatically eligible for overtime pay…

NLRB REVERSES COURSE ON “ENTREPRENEURIAL OPPORTUNITIES”

January 30, 2019

In a decision that will benefit companies that rely on independent contractors, particularly ride-share services, the National Labor Relations Board issued an opinion last week reverting to its pre-Obama-Era standard for determining whether a worker is an independent contractor or an employee for purposes of the National Labor Relations Act. 

The case, SuperShuttle DFW, Inc., 367 N.L.R.B. No. 75…

An Early Look at Federal Labor and Employment Law Developments in 2019

January 6, 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

New FLSA Rule Expected to Extend Overtime Pay Protections to over 4,000,000 Workers

May 19, 2016

The Fair Labor Standards Act (“FLSA”) applies to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more. On May 18, 2016, the Department of Labor (“DOL”) released the final updated version of the regulations governing which executive, administrative, and professional employees are entitled to overtime pay protections under the FLSA.  The…

GOVERNOR TOMBLIN SIGNS EMPLOYMENT LEGISLATION WITH SIGNIFICANT IMPACT ON WEST VIRGINIA WORKPLACES

April 6, 2015

In the last two weeks, Governor Earl Ray Tomblin signed three employment-related bills that will significantly improve the climate for employers to do business in West Virginia.  All three align West Virginia law with corresponding law in most other jurisdictions.  

First, and SB318 amend the Wage Payment and Collection Act.  With the passage of SB12, gone is the…

Congress Considering Unifying State Tax Safe Harbor For Employers and Employees

March 3, 2015

The Mobile Workforce State Income Tax Simplification Act of 2015, (S.B. 386) was introduced in the United States Senate on February 5th, 2015. The Bill seeks to address tax compliance issues for employers whose employees have brief tours of duty in multiple states. It also seeks to reduce compliance issues for the employees who are required to report income via tax returns in various states that…