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Photo of The Employer's Wage and Hour Advisor Matthew S. Disbrow
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Leader, Wage and Hour Matters
mdisbrow@honigman.com
313.465.7372
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Showing 15 posts by Matthew S. Disbrow.

Get Ready to Ring in the New Year with More Employment Law Changes

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The holiday season is the perfect time to reflect on the prior year and plan for the upcoming one.  In 2018, a spotlight was directed at sexual harassment issues, leading to significant upcoming changes in some states’ employment laws.  Likewise, mandatory paid sick leave became a major 2018 issue that has led to changes for many employers. More

Fair, Not Necessarily Narrow: Supreme Court Changes Course Regarding the Interpretation of FLSA Exemptions

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Recently, the U.S. Supreme Court issued a ruling concluding that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). In doing so, the Court abandoned 70 years of precedent, construing FLSA exemptions fairly rather than under the historic narrow standard. This change may signal a more level playing field for employers when courts interpret FLSA exemptions. More

A Return to the “Direct Control” Standard for Joint Employers

Today, in a return to pre-Obama era standards, the U.S. Department of Labor (DOL) announced the withdrawal of two informal guidance letters impacting the “joint employer” doctrine. More

Uncertainty Over Status of FLSA White Collar Amendments Continues: DOL Appeals Injunction to Fifth Circuit

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As most employers know by now, on November 22, 2016, a federal court in Texas issued a preliminary injunction that, at least temporarily, halted the implementation of the U.S. Department of Labor’s (DOL) amendments to the Fair Labor Standards Act’s (FLSA) white-collar exemptions. The amendments were to have gone into effect on December 1, 2016, and would have more than doubled the salary requirements for exempt executive, administrative, and professional employees. Much to the business community’s chagrin, this saga continues.  More

Supreme Court Tells DOL “It Has Some Explaining to Do!”: High Court Holds that DOL’s Failure to Provide Sufficient Reasoning Regarding its Reverse in Position Invalidates Rule Change

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On June 20, 2016, the U.S. Supreme Court decided the case of Encino Motorcars, LLC v. Navorro, which concerned the Fair Labor Standards Act (FLSA) classification of service advisors working at automobile dealerships. While the High Court did not actually decide the classification issue, it sent a strong message to the U.S. Department of Labor (DOL) that it “has some explaining to do” before it reverses its position and changes its interpretation regarding FLSA exemptions. More

The Wait Is Over: DOL set to release final amendments to the white collar exemptions today

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They’re here! The U.S. Department of Labor (DOL) is set to unveil the new overtime regulations concerning the exempt status of executive, administrative and professional employees (the Final Rules) today at 2:00 pm (EST) at an event in Columbus, Ohio, which will feature Vice President Joe Biden and Secretary of Labor Tom Perez. In advance of the formal release, the DOL has published a Fact Sheet that outlines the key provisions of the Final Rules. More

FLSA Changes Are Imminent!: Final Amendments to the White Collar Exemptions Could Be Released Within Days

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The grapevine is abuzz! The word on the street is that the Department of Labor (DOL) could release the final amendments to the Fair Labor Standards Act’s (FLSA) white-collar exemptions as soon as this week. More

FLSA Amendments Are Coming! Solicitor of Labor Confirms DOL’s Intentions to Make Changes to White-Collar Exemptions Effective this Year

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The final amendments to the Fair Labor Standards Act’s (FLSA) white-collar exemptions soon will be upon us. Employers should begin preparing now for substantial changes to the federal minimum-wage and overtime exemptions that currently apply to bona fide executives, managers, supervisors, administrative employees, and professionals. At the opening session of the American Bar Association’s mid-winter meeting for the Federal Labor Standards Legislation Committee (FLSL Committee), Solicitor of Labor M. Patricia Smith confirmed again that the Department of Labor (DOL) anticipates publishing the final amendments to the white-collar regulations by late spring or summer of 2016. The DOL also is committed to making the amendments effective before the end of the year. More

All That Glitters Is Not Gold: New York Federal Judge Decertifies FLSA Collective Action Finding “Little Difference” Between the FLSA’s “Similarly Situated” Analysis and Rule 23’s Commonality Requirement

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Wage and hour class and collective actions have sky-rocketed in recent years. This increase in “bet the business” litigation has been facilitated, in part, by the unique process courts must follow under the Fair Labor Standards Act (FLSA) to certify an FLSA collective action (versus a typical class action under Rule 23 of the Federal Rules of Civil Procedure). Citing the “modest” showing necessary to conditionally certify an FLSA collective action, plaintiffs’ attorneys regularly obtain employee lists without establishing that a case actually can proceed on a class basis. Employers should know, however, that the fight is not over once a court conditionally certifies a collective action. More

DOL’s Proposed Regulations Expand Diversity Protections in Apprenticeship Programs

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Employers and other sponsors of apprenticeship programs take notice. Today, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) intended to expand and update regulations concerning the National Apprenticeship Act of 1937. Among other things, these proposed regulations would add age (40 or older), genetic information, sexual orientation, and disability to the list of classifications protected under the statute and strengthen related affirmative action requirements. More