On April 3, 2017, USCIS announced a program to deter and detect H-1B fraud and abuse. In the announcement, USCIS stated that too many American workers are ignored or unfairly disadvantaged as a result of the H 1B visa program. In an effort to combat fraud, USCIS will implement a… Continue Reading
Today, Judge Mazzant of the Eastern District of Texas Sherman Division heard arguments on an Emergency Motion for Preliminary Injunction regarding changes to the federal salaried exemption threshold, which, absent an injunction, become effective on December 1, 2016.
During the hearing, which lasted over three hours, Judge Mazzant asked several questions… Continue Reading
Over the last several weeks on the Work Knowledge Blog, we have outlined tips for employers to ready themselves for a potential influx of OSHA inspections. OSHA inspections are often time-intensive and nerve-racking. And they are mostly unexpected, so an ill-prepared employer may feel an intense pressure… Continue Reading
In recent years, the Occupational Safety and Health Administration (“OSHA”) has faced perceived criticism that its enforcement options have failed to provide effective disincentives for employers to comply with workplace safety regulations. Specifically, for the last twenty-five years, OSHA’s maximum penalties have remained stagnant, and published data shows… Continue Reading
Last month, the United States Department of Labor issued Administrator’s Interpretation No. 2015-1, regarding “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.” While the Interpretation does not represent a change in the… Continue Reading
Today, the U.S. Department of Labor issued proposed revisions to the minimum salary level that an employer must pay for an employee to be considered exempt under the Fair Labor Standards Act (FLSA). These long awaited revisions would, according to DOL estimates, increase overtime eligibility for approximately 4.6 million employees… Continue Reading
In 2014, restaurants and other employers in the hospitality industry will be subject to new IRS reporting and withholding rules relating to automatic tips charged to large groups of patrons.
Background. Employees are required to… Continue Reading
The U.S. Department of Labor Wage and Hour Division has set its aim – with ample ammunition – on the restaurant industry. Focusing on overtime, minimum wage and record-keeping violations, the enforcement initiative has recovered millions of dollars in back wages and penalties from restaurants throughout the country. In a… Continue Reading