Supreme Court Upholds Class Action Waivers: An Interview with Paul DeCamp - In this video perspective from Employment Law This Week®, Paul DeCamp, Member of the Firm, looks at how the Supreme Court’s May 21, 2018, decision to uphold class action waivers in arbitration agreements will impact wage and hour litigation and reduce exposure for employers.
High Court Rules Auto Service Advisors Exempt from OT - Employment Law This Week (Episode 112: Week of April 9, 2018) has released bonus footage of its interview with Paul DeCamp, a Member of the Firm at Epstein Becker Green.
As Mr. DeCamp discusses, the Supreme Court of the United States has rejected a narrow construction for Fair Labor Standards Act (“FLSA”) overtime exemptions. The U.S. Court of Appeals for the Ninth Circuit held that certain auto service advisors were not exempt because their position is not specifically listed in the FLSA auto dealership exemption. For this ruling, the Ninth Circuit relied on the principle that such exemptions should be interpreted narrowly. In a 5-4 decision last week, the Supreme Court found no “textual indication” in the FLSA for a narrow construction. Applying a “fair interpretation” standard instead, the Supreme Court ruled that the exemption applies to service advisors because of the nature of their work.
Big Changes for Wage & Hour - Employment Law This Week (Episode 98: Week of December 18, 2017) has released bonus footage of its interview with Paul DeCamp, a Member of the Firm at Epstein Becker Green.
As Mr. DeCamp discusses, Labor Secretary Acosta has withdrawn the joint-employer and independent contractor guidance and has announced a return to the practice of issuing opinion letters. The Department of Labor was enjoined from enforcing new regulations more than doubling the minimum salary for white-collar overtime exemptions before the regulations were finally withdrawn. Acosta has also proposed rescinding some limitations on tip pooling. And the stage is set for even more changes in 2018.
DOL Overtime Exemption Thresholds - Employment Law This Week (Episode 89: Week of October 2, 2017) has released bonus footage of its interview with Paul DeCamp, a Member of the Firm at Epstein Becker Green.
As Mr. DeCamp discusses, the Department of Labor’s (DOL’s) 2016 overtime rule has been permanently enjoined and appears to be dead in the water. With the comment period for the DOL’s new Request for Information ending last week, there will probably be a new overtime rule issued in the near future. Secretary of Labor Alexander Acosta has said that he believes the salary threshold for overtime exemptions should be around $33,000.
DOL Vacancies Slowing Trump's Agenda - Employment Law This Week (Episode 85: Week of August 28, 2017) has released bonus footage of its interview with Paul DeCamp, a Member of the Firm at Epstein Becker Green.
As Mr. DeCamp discusses, vacancies at the Department of Labor (“DOL”) are delaying policy changes under the new administration. Nearly half of the leadership positions at the DOL are still vacant, and Labor Secretary Acosta was not confirmed until late April. Neither the Wage Hour Division nor OSHA has a permanent Administrator. The DOL has taken some action, like rescinding guidance on misclassification of employees as independent contractors, but little progress has been made toward new overtime regulations or expanded use of the E-Verify system.