Labor & Employment

U.S. Department of Labor Proposes New Salary Threshold

03/08/2019Bibeau Anne G.

After much anticipation, the U.S. Department of Labor (DOL) has finally proposed new regulations to increase the salary threshold for the Fair Labor Standards Act (FLSA) “white collar” exemptions. The notice of proposed rulemaking would raise the salary threshold to $679 per week ($35,308 per year). Since 2004, the FLSA salary threshold for white collar… Read more »

Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part Two)

01/16/2019Vania Ratliff

(PART TWO) This is the second and last of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. As Appointments Clause Challenges Continue to Rise, Should Employers and Insurance Companies be Concerned about Re-litigating the Decisions Where an ALJ has Denied… Read more »

Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part One)

01/15/2019Vania Ratliff

(PART ONE) This is the first part of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. Lucia v. SEC On June 21, 2018, the Supreme Court issued Lucia v. SEC, an important case clarifying the definition of “inferior officers” under… Read more »

U.S. Supreme Court Rules In Favor Of Employment Agreements Requiring Arbitration On An Individual Rather Than Class Or Collective Basis.

05/24/2018Bibeau Anne G.

The U.S. Supreme Court issued its opinion in Epic Systems Corp. v. Lewis on May 21, 2018, holding that employers and employees can agree in arbitration agreements that claims must be brought on an individual, rather than class or collective, basis. This decision reaffirms the federal policy favoring arbitration and a long line of cases requiring courts… Read more »

Agreements Not to Hire Another Business’s Employees And Sharing Wage Information May Violate Antitrust Laws

Attorneys

05/10/2018Bibeau Anne G.

By agreeing not to poach another business’s employees, or by sharing information with another business about your employees’ wages, you may be violating antitrust laws. The U.S. Justice Department’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) are taking an aggressive stance against such business practices and warning that they may trigger civil and… Read more »

THE SUPREME COURT RULES THAT AUTOMOBILE SERVICE ADVISORS ARE FLSA EXEMPT.

04/10/2018Bibeau Anne G.

The Supreme Court ruled on April 2, 2018, that automobile service advisors are exempt under the Fair Labor Standards Act (“FLSA”) and therefore not entitled to overtime pay. The Court’s opinion, in Encino Motorcars, LLC v. Navarro, ends a long-running controversy over the extent of the FLSA’s overtime exemption (29 U.S.C. § 213(b)(10)(A)) for “any… Read more »

RESTAURANT AND HOTEL INDUSTRY ALERT: SIGNIFICANT CHANGES FOR TIP POOLING ARRANGEMENTS

04/09/2018Bibeau Anne G.

Buried in the recently passed budget reconciliation bill, Congress addressed a Fair Labor Standards Act (“FLSA”) dispute regarding tip pooling arrangements. Restaurant and hotel owners with tipped staff need to be aware of these changes and to reevaluate their tip-pooling arrangements accordingly. The FLSA permits employers to require employees who are customarily and regularly tipped… Read more »

Arlene Klinesdinst Elected Chair of VBA’s Labor Relations and Employment Law Section

03/06/2018Klinedinst, Arlene F.

Vandeventer Black LLP AV® Preeminent-rated partner Arlene F. Klinedinst was elected to serve as new Chair of the Virginia Bar Association Labor Relations & Employment Law Section. Klinedinst also served as Chair of Vandeventer Black’s Labor and Employment Department. “Serving as Chair of the Labor Relations & Employment Law Section is a great honor for me,”… Read more »