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For most corporations, there are significant financial consequences at stake when classifying which employees are required to be paid overtime compensation and which are “exempt” under applicable guidelines, specifically pursuant to the Fair Labor Standards Act (FLSA). The new Department of Labor (DOL) regulations that will take effect on Dec. 1, 2016 (2016 Final Rule) (81 FR 32391, 29 CFR Part 541) do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified. See http://federalregister.gov/a/2016-11754. Moreover, the changes that were enacted are hotly contested and will be expensive to many employers.
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Looking Back and Looking Forward: Labor and Employment Trends for 2018
By Robert G. Brody and Alexander Friedman
President Trump had an eventful first year in the labor and employment arena. With his first year in office now wrapping up, this is a perfect time to look back at how the Trump Administration's policies have shaped labor and employment law issues at both the federal and state level, and where we expect to go in 2018.
Third Circuit's Paid Breaks Ruling a Bright Line, But Not an Open Door
By David Gialanella
A federal appeals court offered a clear rule earlier in 2017, in holding that employees must be paid for breaks lasting 20 minutes or less, but private suits on that issue have been few, and appear poised to remain so, practitioners say.
How to Avoid the Pitfalls of a Bad Sexual Harassment Policy
By Erin Mulvaney
How can companies make sure they have sexual harassment policies in place to protect interests and employees? The authors talked to several attorneys about common pitfalls and the lay of the land in the corporate environment right now. Here are highlights from those conversations.
Employee Claims in Bankruptcy Pose Significant Liability Exposure
By Shane G. Ramsey and David M. Barnes, Jr.
When a corporation determines to file for Chapter 11 protection, questions concerning the status of existing labor and employment agreements and viability of employee claims immediately arise. Indeed, there are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws.
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