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Practical updates on employment law developments, regulatory changes, and workplace trends that affect small and mid-sized employers. Written for operators, not lawyers.

Client Alert

  • Three Retail Wage-and-Hour Traps the FLSA Won't Catch

    Multi-state retail employers alert. Three state-law wage-and-hour rules that sit outside the FLSA and drive real exposure: one-day-rest-in-seven counting differences (IL rolling seven days vs. NY calendar week, and the 12-consecutive-day trap), reporting pay (CT four-hour vs. NJ one-hour minimum), and premium pay without overtime (NY spread-of-hours and split shift, RI Sunday/holiday premium). Includes the lookback and liquidated-damages comparison, FLSA 2/3 years vs. IWPCA 10 years plus 5% monthly vs. NJ six years plus up to 200%.

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  • Nonexempt Doesn't Have to Mean Hourly: The Fluctuating Workweek

    The fluctuating-workweek method under 29 C.F.R. § 778.114, fixed salary for nonexempt employees with a half-time overtime premium instead of time-and-a-half. When it fits (genuinely fluctuating hours, clear mutual understanding, salary that clears minimum wage in the longest weeks), how the 2020 DOL rule permits bonuses and premium pay on top, and the state-law carve-outs that make it unavailable in some jurisdictions.

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  • Tip Pooling: Know Where You Stand Before a Plaintiffs' Firm Finds Out for You

    Cannabis employer alert. Seven things every dispensary employer should know about FLSA tip-pool rules, hybrid supervisor roles (Leads, Shift Supervisors, Agents-in-Charge), Illinois' 10-year lookback and 5% monthly penalties, one-way fee-shifting, and the class/collective exposure driving this national litigation trend.

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