U.S. Department of Labor issues guidance on joint employers

In a Crain's "Legal Guest Blog," issued on March 2, 2016 and titled, "U.S. Department of Labor issues guidance on joint employers," Patricia F. Weisberg advised employers to take note of the recent guidance issued by the U.S. Department of Labor's Wage and Hour Division, which focused on businesses where two or more separate entities each have relationships with the same workers. [More]

Update on the FLSA Exemption Regulations

It has been reported that on February 17, 2016, U.S. Solicitor of Labor, Patricia Smith, announced at an American Bar Association conference that the white-collar exemption regulations will be published in July 2016, with an effective date 60 days after publication. When the U.S. Department of Labor last revised the exemptions, which was in 2004, the regulations became effective 120 days after publication. [More]

New Department of Labor overtime rule is expected to cost businesses a bundle

In an online article posted on February 3, 2016 by Crain's Cleveland Business and titled, "New Department of Labor overtime rule is expected to costs businesses a bundle," Patricia F. Weisberg warned employers to stay abreast of all Department of Labor changes, including anticipated overtime rule changes later this year, in order to avoid financial penalties and/or criminal charges. [More]

U.S. Department of Labor Issues Guidance on Joint Employers - New interpretations could mean more employers found liable for FLSA violations

On January 20, 2016, the U.S. Department of Labor's Wage and Hour Division ("WHD") issued guidance for businesses where two or more separate entities each have relationships with the same workers. The guidance addresses when businesses will be considered to be joint employers and, therefore, may be jointly liable for violations of the Fair Labor Standards Act ("FLSA") which governs employer pay practices. The guidance also impacts the calculation of overtime because time worked for separate entities may be added together in order to determine the amount of hours an employee works each week, thus giving rise to potential overtime claims. [More]

"Ban the Box" for Public Employers in Ohio

In late December 2015, Governor John Kasich signed a law that prohibits public employers, including townships, villages, municipal corporations, and public school districts, from asking questions about an applicant's criminal background on their job applications. Under the new law, the Fair Hiring Act, public employers are permitted to conduct background checks, but they can only do so later in the application process. The law takes effect March 23, 2016. [More]