Ellen Kearns

Jan 9, 2025 | constangy.com | Robin Shea |Jason Friedman |Chris Deubert |Ellen Kearns

1. Five areas of employment law (at least) may be affected by Trump's second act. Author: Robin Shea | Topic: Predicting Legal Changes With President Trump’s second term now imminent, this article offered an analysis of potential shifts in employment law. Key areas likely to be affected include labor relations, wage and hour regulations, independent contractor classifications, and enforcement priorities of the Equal Employment Opportunity Commission.

Sep 30, 2024 | jdsupra.com | Ellen Kearns

The Supreme Judicial Court of Massachusetts, answering a certified question, has ruled that five 7-Eleven franchisees were independent contractors, not misclassified “employees,” under the Massachusetts Independent Contractor law. According to the Court, the franchisees did not perform any services for the convenience store chain but rather were operating their own independent businesses using 7-Eleven’s business format, trademark, and good will.

Sep 26, 2024 | hr.com | Ellen Kearns

The Fifth Circuit's Mayfield ruling upholds the DOL’s authority to enforce minimum salary requirements for FLSA white-collar exemptions. The decision supports the DOL’s power to define executive, administrative, and professional exemptions based on salary levels. This ruling, while applying to Trump-era regulations, could influence future legal challenges against Biden Administration wage laws.

Sep 17, 2024 | jdsupra.com | Ellen Kearns

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act. This week, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a decision that could have far-reaching effects on future cases reviewing DOL regulations. In Mayfield v.

Jul 26, 2024 | hr.com | Ellen Kearns

The new DOL Final Rule raises the salary threshold for exempt white-collar employees in two phases, significantly impacting employer compliance. Recent court rulings have upheld the implementation of the new salary levels, with further decisions pending on the rule's merits. Employers must prepare for the January 1 salary increase to $58,656 per year to ensure compliance with the FLSA.