How Are Employers’ Obligations to Post Labor Law Notices Affected by Remote Work? The DOL Says that Transparency and Accessibility are Key

The CDC and OSHA have recently relaxed COVID-19 guidance on mask-wearing and distancing for fully vaccinated employees. Although many employers are transitioning back to an office-based work environment, telecommuting is likely to remain an option for many employees for some time to come. One question that has arisen with respect to telecommuting employees is how …read more »

OSHA’s Continued Efforts to Protect Workers from COVID-19: Expect More Site Inspections

President Biden issued an executive order on January 21, 2021 calling on OSHA to take a more active role in responding to the COVID-19 pandemic as it affects the health and safety of American workers. I previously discussed OSHA’s Guidance on Mitigating and Preventing the Spread or COVID-19 in the Workplace (“Guidance”), issued in response …read more »

One New Year’s Resolution Not Forgotten: OSHA Issues Revised COVID-19 Guidance

Recently I wrote a New Year’s Resolution that “[e]mployers should resolve to anticipate … changes [at OSHA under the Biden administration] and respond quickly. Resolve to Be Ready for Increased Enforcement of COVID-19 Health and Safety Standards (Jan. 6, 2021) (last accessed Feb. 22, 2021). Unlike most gym memberships, that Resolution has not been forgotten. …read more »

When Do Bonuses Have to Be Included in Non-Exempt Employees’ Regular Rate of Pay When Calculating Overtime? Some Recent Developments Shed Light

One of the most often misunderstood Fair Labor Standards Act (“FLSA”) provisions is 29 U.S.C. § 207(e)(3), which excludes bonuses from non-exempt employees’ regular rate of pay if the employer retains discretion over (a) whether such bonus should be paid in the first place, and (b) the amount of the bonus. Only if both criteria …read more »

Now Everything’s Settled—Or Is It? Practical Tips for Creating Binding Settlements in Federal Cases

Luckily, most in-house counsel and Human Resources professionals never have to litigate the issue of whether the company and an employee who have putatively settled an employment dispute have in fact reached a binding settlement. However, the issue does arise from time to time. Indeed, our Firm recently prevailed on a relatively rare motion to …read more »

Employers May Now Offer Bonuses and Other Supplemental Pay Under the Fluctuating Workweek Method of Calculating Overtime Pay

Employers are required by the Fair Labor Standards Act (“FLSA”) to pay overtime for hours worked over forty (40) in a single week to non-exempt employees based on the employee’s “regular rate.” This general principle has led to both complicated and nuanced questions in application when non-exempt employees are paid on other than an hourly …read more »

As States Begin to Reopen, Employers Must Continue to Minimize Safety Risks

Texas, like many states, is allowing more businesses to reopen and at greater capacities as it moves into Phase II of its COVID-19 pandemic response plan. See Executive Order GA-23, available at This is good news for business and the economy, but also presents several unique challenges as employers must continue to ensure the …read more »

Core Wage and Hour Issues Relating to COVID-19

As the COVID-19 pandemic sweeps across the nation, it brings not only consternation related to individual health but also a plethora of issues for employers. Although this is a highly dynamic situation changing daily as various governmental agencies issue and revise guidance and Congress passes additional legislation, this article endeavors to highlight several wage and …read more »

Carefully Plan Your Wage and Hour Audits

It is often recommended that employers periodically conduct wage and hour compliance audits to ensure that pay practices accord with the strict requirements of the law. The benefits of conducting such audits are that employers can eliminate liability moving forward for any errors they identify and correct, and such audits tend to show good faith …read more »