NorthCarolinaLaw

https://edelsteinpayne.com/employment-law Home Healthcare Workers are Entitled to Overtime Pay Originally Posted by Sean Cecil Jul 06, 2016 (0 Comments) Long the subject of a terribly unfair rule that exempted them from such standard employment rights as overtime and minimum wage, home healthcare workers are among the worst treated of American workers. Home Healthcare workers hired through a third-party staffing agency have been exempted from those rules since 1974! The Obama administration attempted to remedy this injustice in 2013, and the result has been tied up in courts until last week, when the United States Supreme Court ruled that they would not hear further appeal (the administration's rulemaking prevailed in the court of appeals) effectively ratifying the rule. Home healthcare workers, including, nurses, certified nursing assistants, physical therapists, and others who provide services to the elderly and infirm to help keep them out of nursing homes, provid...

New Overtime Rules Published! Posted by  Sean Cecil  |  May 19, 2016  |  0 Comments More pay for more work. It's a simple premise that may have been taken for granted at some point, but in the past couple decades has been somewhat eroded by past administrations' failure to update the overtime rules under the Fair Labor Standards Act (FLSA). Under FLSA, employers can deem some salaried workers exempt from overtime if they fulfill certain duties and are paid at least a certain amount. Up until now, that amount has been $455/week, roughly $23,000.00 a year, not a living wage in many American cities. However, the rule has changed, and as of December 1, 2016, employers must pay their salaried workers $913/week to lawfully exempt them from overtime (The overtime rate of pay is 1.5 times their regular rate of pay for each hour worked over 40 in a week).  According to the Department of Labor's May 18, 2016 press release, key provisions of the fina...

SCOTUS Affirms Class Certification in Tyson Foods "Donning and Doffing" Overtime Case Originally Posted by Sean Cecil Mar 24, 2016  (0 Comments) The following materials were prepared by Edelstein Payne & Lucas firm partner   Vanessa Lucas   and will be presented in her upcoming Federal Law update CLE training seminar to educate other lawyers at the North Carolina Advocates for Justice annual convention:  Tyson Foods, Inc. v. Bouaphakeo,  577 U.S. ________(2016)                                                                                                                                           ...

https://edelsteinpayne.com/employment-law CLE Manuscript 3.18.16 NLG Southern Regional Conference Originally Posted by Sean Cecil Mar 18, 2016  (0 Comments) Here is the panel presentation including Vanessa Lucas. United States Supreme Court EQUAL EMPLOYMENT OPPORTUNITY COMMISSION  v . ABERCROMBIE & FITCH STORES, INC., (2015) No. 14-86 Argued: February 25, 2015    Decided: June 1, 2015 Respondent (Abercrombie) refused to hire Samantha Elauf, a practicing Muslim, because the headscarf that she wore pursuant to her religious obligations conflicted with Abercrombie's employee dress policy. The Equal Employment Opportunity Commission (EEOC) filed suit on Elauf's behalf, alleging a violation of Title VII of the Civil Rights Act of 1964, which,  inter alia,  prohibits a prospective employer from refusing to hire an applicant because of the applicant's religious practice when the practice could be accommodated without undue ha...