Recently, Law 360's Max Kutner conducted an interview with Ms. Gilda Hernandez to gain insight on the potential impact of the Government shutdown on the Department of Labor's Wage and Hour work as well as the individuals who may be affected by it. Ms. Gilda Hernandez, a former investigator for the Wage and Hour Division, who now represents employees in wage and hour issues, expressed concerns that employers may exploit the shutdown, leaving workers without immediate access to the Department of Labor for assistance. This could have a serious negative impact on workers across the country, particularly in the enforcement of child labor protections, which the Wage and Hour Division has recently prioritized. Ms. Hernandez worries that without assistance from the Wage and Hour Division, workers may not receive the wages they are rightfully entitled to. If you would like to read more, please see the September 27, 2023, Law 360 article by Max Kutner titled “How Gov. Shutdown Would Impact DOL's Wage-Hour Work.” https://www.law360.com/employment-authority/articles/1725803 (subscription required).

On August 30, 2023, the United States Department of Labor published their proposed rule regarding overtime exemption thresholds. Currently, for an executive, administrative or professional employee to be eligible for FLSA minimum wage and overtime pay, they must make less than $35,568/year. The new rule proposes that this group of employees must now make less than $55,068/year to be eligible for overtime pay and minimum wage FLSA requirements; a change that would encompass a much larger group of employees, at least 3 million more than are currently protected. Moreover, this proposed rule change also incorporates an automatic update to the threshold every three years based on nationwide average earnings. More information can be found at the USDOL’s News Release, https://www.dol.gov/newsroom/releases/whd/whd20230830 , titled “Department of Labor Announces Proposal to Restore, Extend Overtime Protections for 3.6 Million Low-Paid Salaried Workers.”

The Firm is excited to be welcoming Mr. Matthew Marlowe and Mr. Ian McAdoo as Associate Attorneys this Fall. Matthew Marlowe is a graduate of the University of North Carolina School of Law. After graduating, Matthew went to practice as a Staff Attorney for Legal Aid of N.C., where he defended low-income community members facing eviction, as well as working within the Legal Aid Eviction Diversion Clinic. Ian McAdoo is a recent graduate from the University of North Carolina School of Law where he was the Social Action Chair for the Black Law Student Association. We look forward to having Matthew and Ian join us in the coming months.

On February 21, 2017, the Law Offices of Gilda A Hernandez, PLLC filed a class action lawsuit on behalf of Named, Opt-in, and putative Plaintiffs and Rule 23 class members against Hospitality Ventures, LLC d/b/a Umstead Hotel and Spa; SAS Institute, Inc.; and NC Culinary Ventures, LLC d/b/a Ãn Asian Cuisine. On March 15, 2018, [..] The post Fourth Circuit Court of Appeals Victory appeared first on Law Offices of Gilda A. Hernandez.

The Law Offices of Gilda A. Hernandez, PLLC is proud to announce the addition of a new summer associate for the summer of 2021. Melissa Smith is a second-year law student at Wake Forest University School of Law. Ms. Smith has a Bachelor of Arts in English and Political Science from the University of North [..] The post Summer Associate Announcement appeared first on Law Offices of Gilda A. Hernandez.

On July 11, 2019, Rep. Rosa DeLauro introduced a bill to amend the Fair Labor Standards Act and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages. H.R. 3712 amends the FLSA to require employers to: (1) disclose to employees their terms of employment, (2) provide employees [..] The post Proposed Amendments to the Fair Labor Standards Act of 1938 appeared first on Law Offices of Gilda A. Hernandez.

During the COVID-19 pandemic, many employers are encouraging and permitting employees to work remotely. All work performed away from the worksite, including working from home, is treated the same as work performed at the primary worksite under the FLSA. All employers are required to compensate employees for all hours of remote or telework. However, employers [..] The post COVID-19 and the Fair Labor Standards Act appeared first on Law Offices of Gilda A. Hernandez.

The Law Offices of Gilda A. Hernandez, PLLC is proud to announce the hiring of new summer associate for the summer of 2020. Christine Cline is a second-year law student at the Elon University School of Law. Cline has a Bachelor of Arts in Psychology from North Carolina State University and has previously worked as [..] The post Summer Associate Announcement appeared first on Law Offices of Gilda A. Hernandez.

On Tuesday, September 25, 2019, the United States Department of Labor released the final rule raising the minimum salary an employee must make to be exempt from overtime pay. As a result, more salaried employees will be eligible for overtime compensation. The Department has provided new thresholds to account for growth in employee earnings since [..] The post Overtime Rule News Update appeared first on Law Offices of Gilda A. Hernandez.