And Lindsay M Massillon

And Lindsay M Massillon

September 16, 2020 | Daily Business Review

DOL Responds: New Temporary Rule Addresses Decision Striking Down Prior Regulations

These revisions are in direct response to the ruling by a U.S. District Court judge in New York invalidating certain provisions of the April 1 temporary rule that created uncertainty for employers and practitioners nationwide.

By Elizabeth P. Johnson and Lindsay M. Massillon

8 minute read

July 27, 2020 | Daily Business Review

NLRB Decision Corrects 'Injustice' Employers Face When Disciplining Employees for Abusive Conduct

On July 21, the National Labor Relations Board (NLRB) issued a decision that provides employers with guidance on disciplining employees who resort to using profanity, hate speech, or other offensive statements in the workplace while engaged in concerted activity.

By Elizabeth P. Johnson and Lindsay M. Massillon

7 minute read

June 04, 2020 | Daily Business Review

DOL Issues Final Rule on Fluctuating Workweek Method of Calculating Overtime

The final rule, effective 60 days from the date of publication, provides much-needed clarification on this method of compensation that has confounded many employers and resulted in different interpretations by the courts.

By Elizabeth P. Johnson and Lindsay M. Massillon

7 minute read

May 22, 2020 | Daily Business Review

The Post-Pandemic Employer—Five Tips for Management to Avoid Liability

Phase One of Florida's reopening plan is underway for most of the state. Now is the perfect time for South Florida's business owners and management to prepare to face the novel employee issues that will arise when resuming full operations.

By Elizabeth P. Johnson and and Lindsay M. Massillon

9 minute read

January 14, 2020 | Daily Business Review

Final DOL Rule on Joint Employers Goes Into Effect March 16

The joint employer relationship is a hotly contested issue within FLSA litigation because if an entity or individual is deemed to be a "joint employer" of an employee seeking overtime compensation or minimum wage, that entity or individual would be jointly and severally liable to the employee for any damages awarded for unpaid overtime or minimum wage.

By Elizabeth P. Johnson and Lindsay M. Massillon

4 minute read

September 26, 2019 | Daily Business Review

Employer Alert: DOL Issues Final Rule Extending Overtime to Over 1 Million Employees

The Department of Labor estimates the change will make about 1.2 million employees who are exempt from overtime under the current rule entitled to overtime pay.

By Elizabeth P. Johnson and Lindsay M. Massillon

4 minute read

September 17, 2019 | Daily Business Review

NLRB: Arbitration Agreements Barring Employees From Opting In to Collective Actions Permissible

As many employers know, mandatory arbitration agreements can be a valuable tool in managing attorney fees and costs associated with employment law litigation—especially when it comes to class or collective action claims alleging violations of overtime or minimum wage under the Fair Labor Standards Act (FLSA).

By Elizabeth P. Johnson and Lindsay M. Massillon

4 minute read

November 20, 2018 | Daily Business Review

What You Need to Know About the Department of Labor's New PAID Pilot Program

The DOL's Payroll Audit Independent Determination (PAID) is a pilot program implemented in March, which allows employers to self-report any overtime or minimum wage violations discovered as a result of a self-audit and work with the DOL's Wage and Hour Division (WHD) to address these violations.

By Elizabeth P. Johnson and Lindsay M. Massillon

5 minute read