New Fair Pay Regulations go into effect 23 August 2004
The new Fair Pay Regulations are the first significant change in
the application of the Fair Labor Standards Act in years. The regulations
are an attempt to bring up to date the tests for exempt employees
and solve some of the problems that the old regulations created. A
summary of the changes can be found at Department
of Labor's Website. Basically, the regulations make it easier
to qualify many people for the administrative, executive and professional
exemptions. The regulations can be found at 29 C.F.R. 541 you can
access a copy of the regulations here.
You will need the Adobe Acrobat reader to access it. The Department
of Labor also has an excellent side
by side comparison sheet between the old rules and the new ones
that can assist you.
Supreme Court - State Employee may sue under FMLA
Recent U.S. Supreme Court decisions applying the 11th amendment have
had the effect of insulating the states from liability for certain
laws by making them immune from suit. They have left some with the
opinion that state employees could not enforce the Family Medical
Leave Act (FMLA) in federal court against a state employer. The Supreme
Court answered that question in the negative. In Nevada
Department of Human Recourses v. Hibbs, No. 01-1368 (20 May 2003)
the Supreme Court upheld Congress' use of the 14th Amendment to abrogate
11th Amendment immunity and subject the States to suits by its employees
for violation of the FMLA.
States are "persons" for False Claims Act purposes and
subject to suit
Recently the Supreme Court of the United States held that whistleblowers
who point out fraud by local government federal funds recipients can
sue counties, cities, and towns under the False Claims Act in a private
action. Previously, some lower courts had held that counties, cities
and towns were not "persons" who could commit fraud for
purposes of the False Claims Act. The Supreme Court's decision rejects
that argument and affirms local government's vulnerability to suit.
The Supreme Court's affirmation is significant because it confirms
that exposure of local government includes treble damages, attorney's
fees and a $5,500.00 to $11,000.00 civil penalty for each violation
available since the 1986 amendment to the False Claims Act. Every
city, town, county or other local governmental entity should take
great care in making sure that it does not submit to the Federal Government
any false information, including false information relating to grants.
See Cook
County, Illinois v. United States ex rel. Chandler, 538 U.S. __,
123 S. Ct. 1239 (2003).
We provide a full range of Municipal Law services. If you would like
a quote or further information, please use the form provided on the
Contacts page, or call one of our offices.
The information provided on this page is not
intended as legal advice for a specific situation or client. If you
need legal advice or would like additional information please call
our office or consult a licensed attorney.
