FLSA and Belo Plans
In 1938, Franklin D. Roosevelt signed into law the Fair Labor Standards Act (FLSA). The FLS set the minimum wage, introduced the forty-hour work week, restricted child labor, and set overtime pay regulation. But, as employers soon realized, the overtime provision requiring time-and-a-half to be paid often creates complicated bookkeeping. To remedy this, employers were permitted to institute a Belo plan. This plan allows employers to pay employees who work unpredictable schedules a fixed salary. Employers like the simplicity, and employees enjoy the steady paycheck. To qualify as a Belo plan under the FLSA, though, four requirements must be met: The employee
Upcoming Department of Labor Rule Change Clamps Down on Independent Contractors
Soon, a new Department of Labor rule will make it more difficult for someone to qualify as an independent contractor. On January 10, 2024, the Department of Labor announced a rule that provides updated guidance on whether an individual is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The rule, which will go into effect on March 11, 2024, replaces a rule promulgated under the Trump administration that made it easier for individuals to qualify as independent contractors. In its press release, the Department of Labor argued that the old rule caused a “misclassification of employees as
“Latte With a Lawyer” Hosts Wilson Worley PC Attorney Robert L. Arrington
Wilson Worley Attorney Bob Arrington recently appeared on the "Latte With a Lawyer" Podcast sponsored by EmotionTrac, a vendor of case preparation software. During his time as a guest, Arrington discussed his impressive career, his current practice, as well as the Firm. To listen and learn more of Attorney Arrington's career, the link to the Podcast is here.
NLRB Cracks Down on Employer Handbook Rulemaking
On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) published its long-anticipated decision in Stericycle on how employer rules would be interpreted.[1] This ruling overruled the prior standard, Boeing,[2] and returned to a version of the rule announced in Luther Heritage Village-Livonia.[3] While the Boeing decision was more permissive of broad employer rules, the Stericycle decision creates a burden-shifting test that will force employers to be more cautious in their rulemaking. Under Stericycle, it must first be shown that “a challenged rule has a reasonable tendency to chill employees from exercising their Section 7 rights.”[4] The Board
Giving Back: Wilson Worley Teams up with Greater Kingsport Family YMCA
As the holiday seasons nears, many children are facing more food insecurity in the Kingsport area. One out of every four (25%) of youth struggle with not knowing whether they will eat dinner in between breakfast and lunch served at school. To provide aid to decrease this issue, the Greater Kingsport Family YMCA works daily to provide nutritional meals. With this requires much time, planning, and most importantly, volunteers. Attorneys and employees from Wilson Worley P.C. provided volunteer hours this past Wednesday by helping prepare over 100 meals for local children in the YMCA Afterschool program. The Greater Kingsport Family
Adkins, Arrington, and Ketchie Recognized by Super Lawyers
Wilson Worley PC is pleased to announce that three of the firm’s attorneys have been named to Mid-South Super Lawyers, which recognizes the leading attorneys in the state. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. The three lawyers selected for this honor are: Russell W. Adkins is a shareholder with Wilson Worley PC. He is certified as a Civil Trial Specialist by the National Board of Trial Advocacy. He has significant trial experience, and has tried cases involving medical malpractice, personal injury, civil
Stericycle Summary
On August 2, 2023, The National Labor Relations Board (“NLRB”) overruled the prior decisions in Boeing Co. and LA Specialty Produce Co. because they permitted employers to adopt “overbroad work rules” that chill employees’ exercise of their rights under Section 7 of the National Labor Relations Act. The NLRB found that the former standard failed to account for the economic dependency of employees on their employers, gives too little weight to the burden a work rule could impose, gives too much weight to employer interests, and does not require the employer to make rules only to promote legitimate and substantial
NLRB Joint Employer Status Rule Change
On October 26, 2023, the National Labor Relations Board (NLRB) issued its Final Rule broadening what entities can be considered “joint employers” under the National Labor Relations Act. If considered a joint employer, a business can be held liable for the actions of the other employer it allegedly has control over and must engage in collective bargaining relating to the “essential terms and conditions of employment” over which it has control. Under the previous 2020 rule, an employer had to ‘“possess and exercise . . . substantial direct and immediate control’ over essential terms and conditions of employment.” 1 The NLRB
EEOC Proposes Updates to Workplace Harassment Guidelines for First Time in 25 Years
By a 3-2 vote, the Equal Employment Opportunity Commission (EEOC) published and invited public comment on draft guidelines on responding to workplace harassment. The amended guidelines have the potential to be the first amendments made to the EEOC’s workplace harassment guidelines in almost 25 years. Similar efforts to amend the guidelines stalled under the Trump administration in 2017. The Commission lists its two goals as, “preventing and remedying systemic harassment, and protecting vulnerable workers and people from underserved communities from harassment.”1 The proposed guidelines reflect and sometimes build upon recent changes in law. For example, in Bostock v. Clayton County, the U.S. Supreme Court held that held that
Luke Isbell; new Associate at Wilson Worley
The law firm of Wilson Worley PC is pleased to announce that attorney Luke I. Isbell has joined the firm as an associate attorney. A Kingsport native, Luke graduated with his Juris Doctor from the Honors Program at Regent University School of Law. While in law school, Luke served as an editorial staff member on the Regent University Law Review, a staff member for the Regent University Center of Global Justice, and an extern for the American Center for Law and Justice (ACLJ) where he assisted in drafting documents submitted to various bodies, including the United States Supreme Court and