Andrea M. Kirshenbaum

December 13, 2024 | The Legal Intelligencer

In a “it’s déjà vu all over again” moment, on Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas in Texas and Plano Chamber of Commerce v. United States Department of Labor set aside and vacated the U.S. Department of Labor’s 2024 Final Rule increasing the salary level for employees to remain exempt from minimum wage and overtime under the Fair Labor Standards Act’s (FLSA) executive, administrative and professional (EAP) exemptions, and automatically updating the salary level every three years.

By Andrea M. Kirshenbaum

9 minute read

October 22, 2024 | The Legal Intelligencer

On July 11, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit entered the thorny world of compensation for college athletes, forcefully rejecting the argument that the "amateur status" of college athletes categorically removes them from the ambit of the Fair Labor Standards Act.

By Andrea M. Kirshenbaum

6 minute read

July 22, 2024 | The Legal Intelligencer

This legal transformation is taking place at the same time that significant government regulations are being challenged, including the U.S. Department of Labor's final rules increasing the salary levels for the so-called "white collar" exemptions and classifying workers as independent contractors under the Fair Labor Standards Act as well as myriad other regulations issued by the Federal Trade Commission and National Labor Relations Board, just to name a few.

By Andrea M. Kirshenbaum

6 minute read

March 25, 2024 | The Legal Intelligencer

While the DOL rule took effect as scheduled (in contrast to the NLRB joint employer rule that was struck down by a Texas federal court on March 8), multiple lawsuits stand in its path and lawmakers in both chambers of Congress are challenging the 2024 IC Rule under the Congressional Review Act.

By Andrea M. Kirshenbaum and Jennifer N. Capozzola

6 minute read

December 18, 2023 | The Legal Intelligencer

The DOL proposed to set the salary level at the 35th percentile of weekly earnings for full-time salaried workers based on the lowest-wage Census region. The public comment period has closed and the DOL announced that it plans to issue the final rule in April 2024.

By Andrea M. Kirshenbaum and Charli M. Grayson

7 minute read

October 24, 2023 | The Legal Intelligencer

The NPRM proposes a more than 50% increase to the minimum salary thresholds to be classified as exempt from overtime under the white-collar exemptions (i.e., executive, administrative and professional) and a more than 30% increase to qualify for the highly compensated employee exemption.

By Andrea M. Kirshenbaum and Tanner McCarron

10 minute read

July 24, 2023 | The Legal Intelligencer

The Mallory v. Norfolk Southern Railway holding that a plaintiff whose cause of action did not arise in Pennsylvania could sue a corporate entity that did not have Pennsylvania citizenship in the Philadelphia Court of Common Pleas unsettles decades of personal jurisdiction jurisprudence.

By Andrea M. Kirshenbaum

7 minute read

March 27, 2023 | The Legal Intelligencer

The meaning of this phrase and the nature and extent of the U.S. Department of Labor's (DOL) authority to "define and delimit" the so called "white collar" or "EAP" exemption recently has been called into question by U.S. Supreme Court Justice Brett Kavanaugh's dissenting opinion (which was joined by Justice Samuel Alito) in Helix Energy Solutions Group v. Hewitt.

By Andrea M. Kirshenbaum

6 minute read

December 21, 2022 | The Legal Intelligencer

In November 2021, the U.S. Department of Labor (DOL) announced a new initiative focused on minimum wage and overtime pay for professional caregivers centered on what it calls "care-focused employers," including skilled nursing facilities, home health services and residential care facilities.

By Andrea M. Kirshenbaum

5 minute read

October 27, 2022 | New Jersey Law Journal

Interim guidance from the New Jersey Cannabis Regulatory Commission released on Sept. 9, provides employers with some, albeit "hazy," guidance on managing suspected marijuana impairment in the workplace.

By Andrea M. Kirshenbaum and Leanne Lane Coyle

8 minute read