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As we informed you earlier this year, the Department of Labor issued a proposed rule raising the salary level for the white-collar overtime exemption to $35,308 a year, up from $23,660. The proposed rule also suggested raising the salary for highly compensated employees to $147,414 from $100,000. On September 27, 2019, the Department of Labor’s […]
Every company has the potential to become the subject of a whistleblower action. Whistleblowers may step forward to report on alleged instances of fraud or other wrongful activities in the workplace. Regardless of how the whistleblower complaint is resolved, the whistleblowers themselves are under strict protection from retaliatory actions. Consult an attorney immediately if you […]
General contractors are responsible for transforming 2D blueprints into 3D, real-life buildings. However, they don’t always have the right staff in-house. Subcontractors are hired to bridge the gap and ensure the work gets done properly and on time. Of course, hiring a subcontractor comes with its own challenges. Here’s what construction law attorneys want general […]
In September 2017, the Obama Administration’s attempt to update the overtime regulations of the Fair Labor Standards Act (“FLSA”) by raising the salary level for overtime exemption to $47,476 a year died in the courts. On March 7, 2019, the Department of Labor (“DOL”) issued a proposed rule to raise the salary level to $35,308 […]
On February 25, 2019, the Supreme Court vacated a 9th Circuit Opinion filed on April 9, 2018 in Yovino v. Rizo. The 9th Circuit Opinion rested on Judge Stephen Reinhardt’s vote as the author of the majority opinion to establish binding 9th Circuit precedent. However, Judge Reinhardt died on March 29, 2018. Without his vote, […]
The National Labor Relations Act (“NLRA”) protects the rights of both employees and employers and encourages collective bargaining. However, the NLRA does not apply to “independent contractors.” In 2014, the National Labor Relations Board (“NLRB”) issued a Decision and Order in FedEx Home Delivery. In that decision, the board considered the role that “entrepreneurial opportunity” […]
Employers and employees alike must understand overtime laws. Employers have to ensure that they adhere to the requirements, as even inadvertently failing to compensate employees appropriately can lead to significant fines. Employees need to know their rights to overtime pay, so that they can be sure that they are getting the compensation they are entitled […]
Although the majority of jobs are “at-will,” an employer/employee relationship can often benefit from an employment contract. This is a complex document that should be drafted by an employment law attorney. When you meet with your attorney to discuss the contract, consider the following factors. Your responses to the following issues will help shape your […]
In Arizona, most employment relationships are categorized as “at-will.” At-will employment means that an employer may terminate an employee at any time, without notice, for almost any reason, so long as that reason is not unlawful. Below are some unlawful reasons for employee terminations. Whistleblowing “Whistleblowing” refers to employees who report to management the belief […]
The United States is currently experiencing the longest government shutdown in U.S. History. One of the several effects of this shutdown is the inability to access E-Verify accounts. E-Verify is a system allowing employers to confirm the eligibility of their employees to work in the United States. Since the government shutdown has made E-Verify unavailable, […]
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