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Employment Counseling & Risk Avoidance

January 16, 2018

The DOL’s Busy Start to 2018: 17 Opinion Letters Re-Issued and Change to the Intern Test

By Ben Roach The United States Department of Labor (DOL) has been off to a busy start in 2018. In early January, the DOL re-issued 17 previously withdrawn opinion letters addressing a range of topics under the Fair Labor Standards Act (FLSA). The DOL also announced that it was abandoning...

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April 3, 2017

Iowa Counties Prohibited From Setting Higher Minimum Wage

By Katie Graham On Thursday, Governor Branstad signed legislation prohibiting county and local governments from raising the minimum wage beyond Iowa’s state minimum of $7.25. Three counties: Linn, Johnson, and Wapello have already enacted ordinances which will now be preempted. Polk and Lee counties had legislation ready to take effect...

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January 4, 2017

What We Can Learn From The Rolling Stone Verdict

By Fran Haas We're used to hearing about lawsuits against colleges and universities arising out of sexual misconduct investigations. However, the recent verdict against Rolling Stone magazine shows us that the specter of litigation in this area isn't confined to institutions of higher education. Everyone's familiar with Rolling Stone's 2014...

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May 18, 2016

DOL Announces Final Overtime Regulations

By Thomas M. Cunningham On Wednesday, May 18, 2016, the White House and Secretary of Labor Thomas Perez announced the final new overtime exemption rules for executive, administrative, and professional employees, which become effective on December 1, 2016. While these regulations generally apply across all industries, it is expected that...

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May 3, 2016

The Politics of Bathrooms

By Frank Harty As a sign of the rancorous nature of current American culture, in the New York legislature the democratic minority accused the republican majority of unethical behavior in the form of failing to provide the proper amount and quality of bathroom tissue. While the dispute provided material for...

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December 29, 2015

Iowa Supreme Court Delivers Pregnant Pause

By Frank Harty Iowa employers constantly wrestle with how to treat pregnant employees. Some desire to accord special treatment to pregnant employees – but do so at the risk of drawing reverse discrimination claims. Other employers use a “status blind” approach – attempting to strictly comply with Iowa law by...

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November 19, 2015

New FLSA Overtime Pay Rules May Be Coming Later Than Anticipated

By Thomas M. Cunningham Last week, The Wall Street Journal reported that new regulations designed to greatly expand the number of employees entitled to overtime pay may be significantly delayed. As we described in our earlier blog posts, the primary proposal is to raise the salary threshold for exempt white-collar...

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November 18, 2015

Federal Contractors Brace for the OFCCP’s Ambitious Workplace Makeover

By Tom Cunningham Businesses that enter into agreements with the Federal Government live in a very different world than those that do not. In addition to the non-discrimination obligations imposed by Title VII and state non-discrimination laws, they are required to take affirmative action to employ individuals in certain protected...

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October 1, 2015

New FLSA Overtime Regulations: What Employers Need to Know Now

The New OT Regulations: Why the government felt they were necessary, options for your employees who will become non-exempt, and what employers should do now. This is a summary of remarks made August 27, 2015 by Nyemaster attorneys Frank Harty, Katie Graham, and Tom Cunningham on the anticipated changes to...

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July 2, 2015

DOL Issues Proposal for Expansion of Overtime Eligibility

By Thomas M. Cunningham On June 30, the U. S. Department of Labor announced a Notice of Proposed Rulemaking that will greatly expand the number of employees entitled to overtime pay by approximately five million workers. The DOL proposes to amend its “white collar” exemption regulations issued under the Fair...

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