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News and Announcements

Who Opposes Overtime Pay Increase, Really?

Apr 21, 2016 / Media Coverage
That’s a no-brainer—Republicans, of course. Who else would oppose updating the safeguards against working more than 40 hours without overtime pay, part of the New Deal that President Roosevelt called the most important piece of New Deal legislation since the Social Security Act of 1935? (Republican) Lawmakers in the House and Senate this week introduced the Protecting Workplace Advancement and Opportunity Act, legislation that will ensure the Department of Labor pursues a balanced and responsible approach to updating federal overtime rules, according to their press release. The sponsors of...
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Industry groups press for last-minute changes to overtime rule

Apr 21, 2016 / Media Coverage
Industry and business groups are flocking to the White House to ask for last-minute changes to a new rule that will extend overtime pay to millions of American workers. The Labor Department’s proposal would make all salaried workers who earn less than $970 per week, which is roughly $50,440 a year, eligible for overtime pay. The cut off now is at $455 a week, or roughly $23,660 a year for a full-time employee. The White House Office of Information and Regulatory Affairs (ORIA) has had 14 meetings with groups since it received the final rule on March 14. The participants have included the...
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Proposed overtime eligibility change could affect nearly 5 million workers

Apr 20, 2016 / Media Coverage
The U.S. Department of Labor has proposed a new rule that would extend overtime pay eligibility to nearly 5 million additional white-collar salaried workers nationwide, including many in Pearland and Friendswood. The rule would change the salary threshold for those who are exempt from receiving mandatory overtime pay. As it stands, full-time, salaried workers making $23,660 or more per year do not qualify for overtime pay. Under the proposed rule, that salary level would change to $50,440 or more per year in 2016. The DOL is expected to make a final decision on the rule by July. Those...
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As New Overtime Rules Near, Businesses Need to Prepare

Apr 18, 2016 / Media Coverage
For months now, businesses of all sizes have been holding their collective breath waiting for the Department of Labor (DOL) to implement rule changes that could have a significant impact on labor costs. The proposed changes to the Fair Labor Standards Act (FLSA) would increase the salary level for “white collar” exemption from the current minimum of $455 per week, or $23,660 a year, to $970 per week, or $50,440 annually. After review by the White House’s Office of Management and Budget, it’s possible that the DOL may publish the rule as early as April 2016, although no effective date is known...
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Colorado Workers Sue Chipotle Following Nation Trend

Jul 27, 2015 / Media Coverage
Chipotle recently extended paid sick leave, vacation and tuition reimbursement to its hourly workers. Still, tens of thousands of employees at Chipotle Mexican Grills around the country are not happy with the Denver-based fast casual poster child over how they are paid. Earlier this month, a court in Los Angeles approved a $2 million settlement with over 38,000 plaintiffs for allegations of unpaid overtime, rest breaks and minimum wage. These Chipotle employees and others in more lawsuits across the country have joined a national workplace trend: filing class-action lawsuits against their...
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Jeb Bush 'Should be Embarrassed' by His Overtime Pay Claims, Economists Say

Jul 20, 2015 / Media Coverage
Experts say the Republican presidential candidate’s assertions that changes to overtime pay would result in fewer jobs and lower pay show he is misinformed Jeb Bush has created a flap with another statement about American workers. In an appearance in Council Bluffs, Iowa, on Tuesday, he said Barack Obama’s proposal to expand overtime pay to millions more managers and white-collar workers would result in “less overtime pay” and “less wages earned”. Numerous economists attacked Bush’s statement, calling him woefully misinformed. And several studies on the rule contradict Bush’s assertion that...
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Employers Brace For Scrutiny After Misclassification Memo

Jul 15, 2015 / Media Coverage
The U.S. Department of Labor’s new guidance suggesting most workers qualify as employees under the Fair Labor Standards Act could cause misclassification problems for employers, leading to more DOL investigations and enforcement actions and increased private litigation, attorneys say. Outten & Golden LLP partner Justin M. Swartz is quoted. The U.S. Department of Labor’s new guidance suggesting most workers qualify as employees under the Fair Labor Standards Act could cause misclassification problems for employers, leading to more DOL investigations and enforcement actions and increased...
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DOL Misclassification Memo Says Most Workers Are Covered By FLSA

Jul 15, 2015 / Media Coverage
The U.S. Department of Labor issued guidance Wednesday aimed at curbing the misclassification of employees as independent contractors, saying that most workers qualify as employees under the Fair Labor Standards Act and stressing the statute's expansive definition of employment. DOL Wage and Hour Division head David Weil's 15-page “administrator's interpretation” pointed out that employees improperly labeled as independent contractors may miss out on things like minimum wage and overtime pay, and added that correct classification has “critical implications” for the legal protections workers...
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