Jottings By An Employer's Lawyer

Wednesday, September 14, 2011

Fact Checking Me -- Congressional Rollbacks of Pro-employee Legislation

Three times a year, my good friend Connie Cornell and I give a presentation called Essential Employment Law for our law school alma mater's continuing legal education program.

We have been doing this several years now (I can't quite remember how it started, but I think it had to do with too much wine at some speaker's dinner.)  In several of these presentations I have said, and will probably do so tomorrow unless someone saves me from error by fact checking me, that I am not aware of a time since the Portal to Portal Act of 1947, when Congress has rolled back or taken away any pro-employee legislation that it has passed.

Can any one think of anything to the contrary?

Hmmmm. How about 2004 white collar regs that expressly permitted certain suspensions without pay of exempt employees?
Expanding the FLSA exemptions to define more people as management or exempt.
in the 16 years following the 1938
enactment of the FLSA, the Department of Labor (DOL) established the key
regulatory tests defining whether an employee can be classified as an
exempt white-collar worker.

Doreen Boxer - Top Public Defender
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