Archive for the ‘Christine Nentwig’ Category

DOL Opinion Letter Clarifies Designation of FMLA Leave Questions

access_time Posted on: March 27th, 2019

Article by: Christine E. Nentwig, Esquire As many of you likely recall, following a Ninth Circuit decision in 2014 (Escriba v. Foster Poultry Farms, Inc.), there was a question regarding whether an employee could choose to decline designation of a leave as FMLA, even if the leave was otherwise clearly qualifying. In that case, the court held that an employee could decline to use FMLA leave for qualifying time off. While in that case the holding was a “win” for the employer (since the case centered on the employee’s claim that even if she asked the employer not to designate… read more »

Labor & Employment Alert:

access_time Posted on: November 23rd, 2016

Article by: Christine Nentwig Late yesterday we learned that a federal court judge in Texas issued a preliminary injunction that temporarily blocks implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations, which more than doubled the salary threshold for white collar exemptions and were set to take effect December 1, 2016. This is a welcome reprieve for employers struggling with implementing any necessary changes, but may present complications for those who have already set the wheels of compliance in motion.  First, it is important to remember that the injunction is temporary – not permanent – and so… read more »

Labor & Employment Alert

access_time Posted on: November 16th, 2016

We have been getting a number of calls from clients asking what impact last week’s election results will have on the Department of Labor’s (DOL) overtime regulations scheduled to take effect on December 1, 2016 – and more importantly, whether employers can now take a “wait and see” approach to the regulations and assume that the new Republican administration and Congress will act to overturn and stop the regulations from taking effect. As most employers are aware, the Final Rule updating the overtime regulations alters the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt… read more »