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2020 Brings New Minimum Salary Requirements and More ….©

The United States Department of Labor was on a mission in 2019 to publish two important—need to know—final rules under the Fair Labor Standards Act (“FLSA”): 1) minimum salary for salary exempt employees; and 2) a clearer definition of Regular Rate of Pay (hourly pay for nonexempt employees). This brief update will provide key information

Knick v. Township, No. 17-647 (U.S. June 21, 2019).

“It’s Alive!” In Rose Mary Knick’s family graveyard the U.S. Supreme Court breathes new life into the once popular 42 USC §1983 claim for regulatory takings violations by local governments. "[N]or shall private property be taken for public use, without just compensation." The Fifth Amendment's prohibition, of course, applies against the States [and local governments]

Must A Residential Construction Contractor Pay Its Project Supervisor Overtime Pay?

Maybe.  It all depends on the project supervisor’s duties.  As a matter of background, the U.S. Department of Labor (“DOL”) issued an opinion letter in 2009 on this very topic under the Fair Labor Standards Act (“FLSA”), but withdrew it shortly thereafter stating the DOL decided to give the issue further consideration.  The withdrawal of

Delegation of Federal Dredge and Fill Permitting Authority to State of Florida

Chapter 2018-88, Laws of Florida, authorized the Department of Environmental Protection to assume responsibility for the dredge and fill permitting program established under Section 404 of the Clean Water Act. The Department has begun rulemaking and is currently holding public workshops to present the draft rule and applicant’s handbook for review and comment. The rulemaking

Coming Soon: The U.S. Department of Labor’s PAID Pilot Program

What does PAID Stand for? Payroll Audit Independent Determination. What is the PAID Program’s purpose? This pilot program is intended to test the efficiency of a self-reporting program to correct wage hour violations discovered by an employer and to create a mechanism whereby the employer may correct violations without having to pay attorneys’ fees –

Sexual Harassment Could Be 2018’s Hottest Topic

The only reason there is so much focus on this issue is because as each day goes by, more and more women are coming forward about their own experiences with sexual harassment and making allegations against powerful and prominent men.  These women are getting plenty of press time because the men are prominent.  While these