The U.S. Department of Labor’s proposal to phase out subminimum wages under the Fair Labor Standards Act has prompted speculation about the agency's authority and the potential political implications. Clark Hill Law Member Rafael Nendel-Flores shared his insights with Law360, raising a key question about the rule’s future: "Does DOL have the authority to do what it’s proposing to do, or are the courts going to rule that this has to be done via congressional legislation? The text of the statute does give them some discretion." Rafael Nendel-Flores helps employers navigate complex employment challenges, from litigation to compliance. Learn more about his experience here: https://bit.ly/4f34SOg #labor #employmentlaw #DOL
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CLIENT ALERT: The U.S. Department of Labor’s Final Rule took effect on July 1, 2024 and increased the salary threshold under the federal Fair Labor Standards Act for bona fide exempt employees. The Final Rule faced legal challenges before taking effect, predominantly in Texas. While the fate of the Final Rule remains uncertain, employers beyond Texas may have clarity before year-end. Our latest Client Alert examines the legal challenges and provides guidance to employers on compliance: https://lnkd.in/g-JA9fbv #KutakRock #EmploymentLaw #compliance
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California’s requirement for liquidated damages in cases of minimum wage violations applies to each paycheck that is underpaid. Tip: Audit payroll regularly to ensure every paycheck is compliant with state minimum wage laws. Call Rupal Law today at (951) 460-0830 to schedule a consultation. Our California employment law lawyers are ready to defend your business and drive your success. Serving Inland Empire, Los Angeles and Northern and Southern California. Please share the reel to help us educate more California employers and small business owners on employment law and compliance. Follow us for more employment law tips on how to stay compliant in California. #liquidateddamages #Compliance #minimumwage #CaliforniaEmployer #BusinessTips #CaliforniaLawyer
California Minimum Wage Laws Compliance Tips
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⚖️2024 Labor & Employment Insights: Stay Informed on the Latest in Workers' Compensation Navigating labor and employment law can be challenging, especially with evolving workers' compensation regulations. This special section provides valuable insights into the latest trends and key issues for employers in 2024 following the U.S. Supreme Court’s decision on Students for Fair Admissions and how it will affect DEI efforts. Stay ahead of the curve and make sure your organization is prepared! Reach out to our team with questions about how you can be prepared for potential legal challenges and best navigate new regulations. Read the full article here: https://lnkd.in/g4Ce_PrP
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EXPERT INSIGHTS—BEWARE: Compensating employees solely with equity may violate the Fair Labor Standards Act (FLSA). This could lead to serious legal implications for employers who do not comply with wage and hour laws. Read more below ⬇
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The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new rule, which becomes effective March 11, 2024, rescinds the 2021 independent contractor rule issued under former President Donald Trump and replaces it with a six-factor test as outlined below. Additional factors may be relevant if they bear on whether the worker is economically dependent on the potential employer for work. Read more at https://lnkd.in/epsyqd-g 📝📊💼 #advisorytax #businesstax #businesstaxadvice #cpafirmorangecounty #cpafirminirvine #cpainorangecounty #irvinetax #taxadvice #taxforconsultants #taxpreparationirvine #taxesplan #taxresolution #taxresolutionservices #taxresolutioncompany #accountanttax #taxpreparation #incometax #taxplanning #taxadvisor #accountingservices
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EXPERT INSIGHTS—BEWARE: Compensating employees solely with equity may violate the Fair Labor Standards Act (FLSA). This could lead to serious legal implications for employers who do not comply with wage and hour laws. Read more below ⬇
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Could Section 14(c) of the Fair Labor Standards Act end under the incoming Trump administration? Attorney Paul DeCamp discusses why he believes the longstanding program—allowing employers to pay workers with disabilities below the minimum wage—likely won't be repealed, despite recent efforts. Read more in Rebecca Rainey’s article for Bloomberg Law Daily Labor Report: https://bit.ly/4iFPdYz #WageAndHour #EmploymentLaw #HumanResources
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Two major initiatives might be on Arizona's 2024 ballot, and they'll impact how your business operates: The One Fair Wage Act: Proposed to raise wages incrementally. The Arizona Works Together Act: Strengthens right-to-work laws. These initiatives could face significant legal challenges, such as whether or not the title puts voters on notice of how the act will work or if they sufficiently describe all principal provisions. How do you think these changes and potential legal battles will impact labor relations and payroll in your company? ___ #2024election #politics #aznews #arizonanews #fyp #employeerights
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Just got word that a big California Supreme Court employment-law decision is coming on Monday, May 6 in Naranjo v Spectrum Services (this will the the second decision issued by the Cal Supremes in this case). This case presents the following issue: "Does an employer’s good faith belief that it complied with Labor Code section 226, subdivision (a) preclude a finding that its failure to report wages earned was “knowing and intentional” as is necessary to recover penalties under Labor Code section 226, subdivision (e)(1)?" In plain English - what is the standard for imposing penalties on employers who get stuff wrong on employee pay stubs? For my nerdier friends - does the same "good faith dispute" standard applicable to waiting time penalties under Labor Code 203 apply to wage statement penalties under Labor Code 226? I'm taking bets.
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Legal Insight. Attorney Katya Lancero Norris has authored a compelling article analyzing the Texas Federal Court's decision to strike down the U.S. Department of Labor's Salary Threshold Rule for exempt employees under the Fair Labor Standards Act (FLSA). With nationwide implications, this landmark ruling has sparked significant discussion among employers and legal professionals. Dive into Katya’s breakdown to understand how this decision could impact workplace policies, employee classifications, and compliance strategies. You can click to read the full article. https://bit.ly/3CPWrZb #LegalInsights #FLSA #EmploymentLaw #SacksTierney
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