David A. James News Archive

Posted February 24, 2023 with Tags NLRB, NLRA, National Labor Relations Board, National Labor Relations Act, Severance Agreements

Advice for Employers: NLRB McLaren Macomb Decision

The National Labor Relations Board (NLRB or Board) recently issued a decision aimed at severance agreements with confidentiality and non-disparagement provisions. In McLaren Macomb, the Board held that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) …

Posted April 30, 2020 with Tags COVID-19, COVID-19 for Employers, WARN Act

WARN Litigation: An Inevitable Nuisance for Employers

In this unprecedented business environment, many employers have been forced to take swift action to stay afloat during the pandemic. Two common actions have been furloughs and layoffs. But each raises legal risks under the federal Worker Adjustment and Retraining Notification Act (“WARN”) and related state laws.

Posted December 5, 2019

Minneapolis Wage Theft Update: Sample Wage Notice & Updated Poster

The Minneapolis Department of Civil Rights has now issued an Example Prehire Notice and an updated Notice Poster informing employees of their rights under the Ordinance.

Posted November 1, 2019

Free Speech or Belligerence? NLRB Reassessing the Threshold for When Otherwise Protected Activity Crosses the Line

For employees boisterously raising employment-related concerns on behalf of a larger group, when might their words or actions be so hostile or offensive that they lose the protections of federal labor law? The National Labor Relations Board (NLRB) hopes to shed new light on this issue soon, as its open-comment period on the subject closes in November.

Posted October 9, 2019

City of Minneapolis Releases FAQs and Rules for Wage Theft Prevention Ordinance

The Minneapolis Wage Theft Prevention Ordinance will go into effect on January 1, 2020, requiring employers to provide wage notices and comply with various recordkeeping requirements for employees who work at least 80 hours per year in the City of Minneapolis. We've highlighted the FAQs and Rules that differ from the guidance provided on the state wage theft statute

Posted October 1, 2019

Has the Dust Settled? Interpreting Minnesota’s New Wage Theft Law in the Face of Constantly-Changing DOLI Guidance

The Wage Theft Statute requires Minnesota employers to provide employees with a written notice outlining specific terms of employment, including things like the employee’s rate of pay, paid time off and vacation policies, and whether the employee is exempt from Minnesota’s minimum wage, overtime, and other provisions. The statute also adds requirements to recordkeeping, the frequency of pay, and earnings statements. Here are the basics of the new law.

Posted September 24, 2019

DOL Announces Pay Thresholds for Overtime Exemption

On September 24, 2019, the U.S. Department of Labor (DOL) announced its final rule regarding the salary threshold for exemption from overtime, raising the salary threshold to $684 per week ($35,568 annually) versus the previous $455 per week ($23,660 annually) amount that has existed since 2004. The effective date is January 1, 2020, meaning that employers must ensure that exempt employees’ salaries meet this threshold by the new year or transition them to non-exempt status with eligibility for overtime.

Posted August 14, 2019

Minneapolis Employers: Here Are Your New Obligations Under the City’s Wage Theft Ordinance

On August 8, 2019, the Minneapolis City Council joined the state of Minnesota in requiring wage notices. The ordinance—which goes into effect on January 1, 2020, and applies to any employers who have an employee who works at least 80 hours per year in the city—parallels the state wage theft statute in several respects, but also creates several new obligations.

Posted July 31, 2019

Minnesota DOLI Once Again Updates Wage Theft Q&A

Employers are now required to comply with the civil provisions of Minnesota’s Wage Theft Statute, which went into effect on July 1. The Minnesota Department of Labor & Industry (DOLI) updated its Wage Theft Q&A again this week. We’ve summarized the highlights of this update.

Posted July 11, 2019

Minnesota DOLI Updates FAQs and Wage Theft Notice Example

Employers are now required to comply with the civil provisions of Minnesota’s new Wage Theft Statute, which went into effect last week on July 1. This week, the Minnesota Department of Labor & Industry (DOLI) updated its Wage Theft Q&A, which has now grown to 45 questions, and its Employee Wage Notice example.

Posted June 25, 2019

Minnesota DOLI Releases FAQ and Wage Notice Example for New Wage Theft Law

Employers face a tight deadline of July 1 to comply with the civil provisions of Minnesota’s new Wage Theft Statute. Late last week, the Minnesota Department of Labor & Industry (DOLI) issued a Wage Theft Q&A and an Employee Wage Notice example. We’ve summarized the highlights of the Q&A and the Employee Wage Notice example.

Posted June 5, 2019

NLRB Decision Adds to Patchwork of Employee Classification Standards

On Jan. 25, 2019, the National Labor Relations Board (NLRB) issued an employer-friendly decision in SuperShuttle DFW, 367 N.L.R.B., No. 75 that added a wrinkle to the already complex patchwork of laws determining whether a worker is an employee or …

Posted March 8, 2019

Department of Labor Proposes Latest Overtime Exemption Rules

On March 7, 2019, the Department of Labor announced its latest proposed rulemaking regarding the salary threshold for exemption from overtime. The salary threshold has been $455 per week ($23,660 annually) since 2004. In 2016, the DOL attempted to raise …

Posted May 17, 2018 with Tags NLRB, david james, NLRA

Employers Are Walking the Tightrope Between Maintaining a Civil Work Environment and NLRA Compliance

Lately, employers have often found themselves performing a difficult balancing act between compliance with the National Labor Relations Act (NLRA) and maintaining a non-hostile work environment. This stems from two recent cases brought before the National Labor Relations Board (NLRB), …

Posted April 4, 2017

The Toll of Executive Orders on Federal Contractors

When one administration ends and another comes in, employers are often left to wonder which direction the legislative winds will blow. One group often caught in the middle of the game is federal contractors who must comply with certain executive …

Posted May 17, 2016

Creative Solutions for Employers to Navigate Overtime Pay Changes

The new rules will undoubtedly cause many employees who have traditionally been paid a regular salary to transition to hourly employees with overtime (much to their chagrin). However, careful planning may avoid this pitfall. Employers who want to continue to pay employees falling below the new DOL threshold on a salary basis should be aware of two lesser-known methods of maintaining a compensation plan akin to a traditional salary for non-exempt employees.

Posted May 19, 2015

Federal Contractors: Special Employment Rules for Me, But Not for Thee?

Contractors that provide services directly to the federal government may be wondering if they’re getting picked on or put on a pedestal. According to one labor attorney, the answer is both: government rules governing federal contractor employment practices have become radically different compared to those serving private enterprises.