Jared A. Phalen

Featured in: Favicon

jdsupra.com Favicon

natlawreview.com Favicon

lexology.com Favicon

bankdirector.com

Articles

Federal Judge Strikes Down Overtime Expansion | JD Supra

Nov 20, 2024 | jdsupra.com | Brian Moore |Jared A. Phalen

A federal judge in Texas has struck down the recently implemented United States Department of Labor (“DOL”) federal overtime salary threshold rule. This 2024 rule raised the minimum salary level for certain employees to be exempt from overtime pay requirements under the Fair Labor Standards Act (“FLSA”). Generally, the FLSA requires employers to pay non-exempt employees 1.5x their regular rate for hours worked in excess of 40 in a work week.
Contested DOL Rule on Tip Credit Invalidated by Fifth Circuit | JD Supra

Sep 6, 2024 | jdsupra.com | Brian Moore |Jared A. Phalen

Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a tipped employee can spend on "tip-producing work" versus "non-tip-producing work.
Navigating the New Federal Workplace Rules | JD Supra

Aug 15, 2024 | jdsupra.com | Michael Dailey |Brian Moore |Jared A. Phalen

Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime EligibilityA U.S. Department of Labor’s final rule that went into effect on July 1 raised the salary threshold for certain employees to be classified as exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.
Navigating the New Federal Workplace Rules

Aug 13, 2024 | bankdirector.com | Brian Moore |Michael Dailey |Jared A. Phalen

Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime EligibilityA U.S. Department of Labor’s final rule that went into effect on July 1 raised the salary threshold for certain employees to be classified as exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.
No Retaliatory Intent Needed: SCOTUS Eases Requirements for SOX Whistleblower Claims | JD Supra

Feb 13, 2024 | jdsupra.com | Brian Moore |Jared A. Phalen

The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under SOX need to only show that their protected activity was a contributing factor in the adverse employment action. An employee does not have to prove that the employer had retaliatory or discriminatory intent to prove retaliation under SOX.
NLRB Issues Final Rule Broadening Standard for Joint-Employer Status | JD Supra

Oct 27, 2023 | jdsupra.com | Brian Moore |Jared A. Phalen

On October 26, 2023 the National Labor Relations Board (“NLRB”) issued a final rule on when an entity may be considered a joint employer of a group of employees. The rule was first proposed on September 7, 2022. The new standard states, if each entity has an employment relationship with the employees, and the entities “share or codetermine” one or more of the employees’ essential terms and conditions of employment, then the two entities may be considered joint employers.
NLRB Issues Final Rule Broadening Standard for Joint-Employer Status

Oct 26, 2023 | natlawreview.com | Jared A. Phalen

On October 26, 2023 the National Labor Relations Board (“NLRB”) issued a final rule on when an entity may be considered a joint employer of a group of employees. The rule was first proposed on September 7, 2022. The new standard states, if each entity has an employment relationship with the employees, and the entities “share or codetermine” one or more of the employees’ essential terms and conditions of employment, then the two entities may be considered joint employers.
EEOC Proposes New Guidance on Harassment in the Workplace | JD Supra

Oct 3, 2023 | jdsupra.com | Brian Moore |Jared A. Phalen

The Equal Employment Opportunity Commission (“EEOC”) has published a proposed "Enforcement Guidance on Harassment in the Workplace" for public comment. If finalized, this will mark the first time since 1999 that the EEOC has updated its guidance on workplace harassment.
Flurry of Recent NLRB Actions Create Easier Road to Union Representation | JD Supra

Sep 1, 2023 | jdsupra.com | Brian Moore |Jared A. Phalen

The National Labor Relations Board (“NLRB”) has issued a decision requiring employers to either recognize a new union, or promptly file for an NLRB-run election, when a union asks for recognition based on a majority of workers showing support. Before, employers were required to recognize and bargain with unions that have majority support from workers, unless the company has a good-faith reason to doubt that support.
NLRB Adopts Stricter Standard for Workplace Rules | JD Supra

Aug 4, 2023 | jdsupra.com | Brian Moore |Jared A. Phalen

This week, the National Labor Relations Board (“NLRB”) adopted a somewhat new standard for evaluating employer work rules when they are challenged as being “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act (“NLRA”). This standard builds off the previous standard announced in Lutheran Heritage Village-Livonia.