Topic: U.S. Department of Labor

Employers Have Flexibility in Applying the Professional Exemption

The basic premise of the Fair Labor Standards Act with regard to overtime pay is that all employees are to be paid overtime unless they qualify for an exemption. Among the exemptions are the three categories known as “white collar workers:” employees whose primary duty is executive, administrative, or professional, as defined in U. S.…

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The Return of “Mental-Mental:” Will Workers Compensation Again Be Extended to Cover Emotional Trauma?

As my partner Mark Sommaruga observed in a recent post, the current term of the General Assembly may consider extending workers compensation coverage to employees who suffer purely emotional trauma, without a causative physical injury. Such an extension of coverage would be a reversion to prior workers compensation law that was amended over 20 years…

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Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of wage and hour laws. A recent Guidance issued by the U.S. Department of Labor describes two forms of joint…

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