Are the changes to the overtime rules going to take effect or not? Ever since a federal court issued an injunction in late 2016 stopping major changes to the federal overtime rules, employers have anxiously been waiting for an answer to that question. Last week, the U.S. Department of Labor (DOL) turned the tables, and
Brian Kelly
Sexual Orientation Discrimination Deemed Illegal Under Federal Law
By Brian Kelly on
Yes, federal law prohibits employers from discriminating against employees and applicants based on their sexual orientation. Yes, employers who allow discrimination or harassment based on sexual orientation can be forced to pay a full range of damages, including punitive damages.
Employment and civil rights lawyers have struggled to find clear answers to these questions for…
Employee vs. Independent Contractor Misclassification: U.S. Department of Labor Issues Significant New Guidance
By Brian Kelly on
Posted in Department of Labor
On December 19, the United States Department of Labor issued comprehensive new guidance making it clear that it intends to continue to aggressively pursue employers who misclassify employees as independent contractors. The transmittal message for the new guidance, entitled “Misclassification Affects Everyone,” states the DOL’s position that “The misclassification of employees as independent contractors is…
21 States and Private Sector Groups File Texas Lawsuits Seeking to Stop the DOL’s New Overtime Rules From Taking Effect on December 1
By Brian Kelly on
Posted in Department of Labor, Wage and Hour
With the clock counting down toward the December 1, 2016, effective date of the U.S. Department of Labor’s new overtime rules, officials from 21 states have stepped forward to try to stop the DOL in its tracks. In particular, on September 20, 2016, Texas Attorney General Ken Paxton, backed by 21 state officials from across…