Though technological innovation is always happening, in the past year there has been an almost inescapable reference to a decades-old science fiction term: AI, or Artificial Intelligence. Seen as a watershed moment of research and development in the past, AI is now a buzzword for content creation, software features, and product design. Whether you are
DOL
Department of Labor Publishes AI Principles for Developers and Employers
Late last year, President Biden issued Executive Order No. 14110 laying out his Administration’s policy directions to federal agencies concerning the use of Artificial Intelligence (“AI”) by individuals and organizations under their jurisdiction.
In response to the Executive Order, the Department of Labor (“DOL”) published a list of “Principles for Developers and Employers” (“DOL AI…
The Long-Awaited FLSA Salary Basis Update Is Finally Here – What This Means For California Public Education Employers
This article was authored by Brian P. Walter and Lars T. Reed.
Today, September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime requirements. The final rule will become effective on January 1, 2020. It…
DOL Proposes Changes to the Rules Governing Payments to Exclude from the Regular Rate
This Special Bulletin was authored by Lisa S. Charbonneau
On March 29, 2019, the Department of Labor (DOL) published proposed new rules on the Regular Rate requirements (i.e., the rate at which overtime must be paid) under the Fair Labor Standards Act (FLSA). The proposed rules may be found here. The comment period for…
Texas Judge Orders Nationwide Halt of the DOL’s New Overtime Rule
On Tuesday, November 22, 2016, Judge Amos Mazzant of the U.S. District Court in the Eastern District of Texas (a 2014 Obama-appointee) issued a preliminary injunction barring implementation of the U.S. Department of Labor’s (DOL) new rule (“Final Rule”) raising the salary threshold for certain overtime exemptions under the Fair Labor Standards Act (FLSA). The…
Don’t Blame the Payroll System!
One particularly difficult challenge in complying with the strict minimum wage and overtime requirements of the Fair Labor Standards Act is an employer’s computerized timekeeping, payroll and/or accounting systems. For the vast majority of public sector employers, timekeeping is automated, as is payroll and the computation of wages owed; hard-copy timecards for employees and manual…
Transit Agencies in Legal Limbo over PEPRA
A number of California transit agencies, as well as cities and counties that operate and maintain transit systems, are in legal limbo over whether the Public Employees’ Pension Reform Act of 2013 (“PEPRA”) applies to mass transit employees. The State of California prevailed in its legal challenge against the United States Department of Labor (“DOL”),…
Updated Model Notices for Employees and Dependents Eligible for COBRA Continuation Coverage
This post was authored by Stephanie Lowe
The federal government recently released updates to the model Consolidated Omnibus Budget Reconciliation Act (“COBRA”) notices available to employers on the Department of Labor (“DOL”) website. The updated model notices clarify that additional cost-effective coverage options, including financial assistance under the Affordable Care Act (“ACA”), may be available…
The Importance of Being Earnest in Classifying Employees Exempt From Overtime under the Administrative, Executive and Professional Exemptions
If you think your agency has classified exempt employees correctly, you may want to take a second look. Last month, we reported on the Department of Labor (“DOL”) audit that resulted in an award of $544,715 in back wages against the San Francisco Giants. Part of that award was because the Giants classified employees as…
Unpaid Internship Saga Continues
In February we reported on the growing number of lawsuits brought by unpaid interns against companies they worked with for failure to pay regular and overtime wages. The unpaid interns claim that these businesses treated them like employees. Consequently, the interns argue they should have been paid like employees as required by the federal Fair…