Among the cases that the U.S. Supreme Court is deciding this term are three consolidated wage-and-hour cases. In each case, an employer required its employees to enter into arbitration agreements and waive their right to bring class-action lawsuits against the employer. While these types of agreements are commonplace, it is widely thought that many more employers would use such waivers if the Supreme Court determines that they are legal.
The U.S. Department of Labor Wage and Hour Division has obtained $165,379 in back wages and damages from a regional health care management company on behalf of 594 workers whose overtime rates were improperly calculated.
There is a lot on the minds of undocumented immigrants in the U.S these days. On Wednesday, January 25, 2017, President Trump signed far-reaching executive orders on immigration designed to curb unauthorized entry into the U.S. and strengthen enforcement on "illegals" currently in the country.
The inauguration of a new president brings questions about how laws and regulations will change. Given the switch from a Democrat to a Republican, particularly with a Republican-controlled Congress, expect changes to current federal laws and regulations.
Recently, the New York Department of Labor ruled that two former Uber drivers, Jakir Hossain and Levon Aleksanian, were employees rather than independent contractors, making them eligible for unemployment benefits. As we wrote about in a previous blog, "on-demand" ride-hailing companies sometimes choose to classify their drivers as contractors rather than as employees. Unlike employees, contractors are afforded fewer protections and rights under state and federal employment laws, making them cheaper to employ. Hiring contractors helps companies within the gig economy industry increase their profits.
Led by Texas and Nevada, 21 states and the U.S. Chamber of Commerce are challenging the Department of Labor's new overtime rule scheduled to take effect on December 1. Created at the urging of the Obama administration, the DOL regulation raises the overtime floor for salaried employees from $23,660 to $47,476, meaning that all employees earning less than the overtime threshold (which will cover approximately 4.2 million workers previously exempt from earning overtime) will be eligible to receive overtime pay. The rule also sets guidelines that would help clarify which employees qualify for an exemption to overtime rules under the Fair Labor Standards Act (FLSA) and provides for automatic increases to the salary threshold every three years.