Colby Berman

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Colby Berman focuses her practice on employment disputes, representing employers in state and federal courts, as well as in administrative proceedings, in a broad range of employments matters, including discrimination, harassment, retaliation, breach of contract, wage and hour, and varied labor law violations. She counsels corporate and nonprofit entities in an array of industries, including retail, hospitality, construction, education, healthcare, food services, security services, and restaurants.

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DOL Proposes End of Program Allowing Employers to Pay Disabled Employees Subminimum Wage

By Colby Berman on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
As part of a program dating back to 1938, the little-spoken-about Section 14(c) of the Fair Labor Standards Act (FLSA) includes a provision that allows employers to obtain certificates from the U.S. Department of Labor (DOL) authorizing them to pay subminimum wage to workers with disabilities that impair the worker’s productivity for the work being … Continue Reading

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

By Colby Berman on Posted in Employment Discrimination Harassment & Retaliation, Employment Litigation
Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology itself. Originally intended to streamline employment processes, AI may have unintended consequences that need to be mitigated. There … Continue Reading

DOL Unveils Final Overtime Rule and It’s Even More of a Pain Than Anticipated

By Colby Berman on Posted in Wage & Hour
The U.S. Department of Labor’s long-awaited final “Overtime Rule” is here, and it brings drastic changes to requirements employers must follow for paying salaried employees exempt from overtime. Under the Final Rule, which takes effect July 1, 2024, earnings thresholds that determine workers’ exemption from federal overtime laws will see two big increases in the … Continue Reading

Out With The Old, In With The… Old? DOL Releases “New” Independent Contractor Rule, Bringing Us (Mostly) Back to Status Quo

By Colby Berman on Posted in Wage & Hour
Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising the economic realities test that determines those classifications. Is Biden’s campaign promise to create a more stringent, California-like “ABC” worker classification test … Continue Reading

Pain and a Half: How DOL’s New Overtime Proposal Could Drastically Change Your Business

By Colby Berman on Posted in Employee Benefits, Employee Handbooks & Policies
The U.S. Department of Labor (DOL) recently rocked the business world when it announced a Proposed Rule that, if implemented in its current form, would force employers around the country to increase salaries for millions of currently exempt workers or convert them to non-exempt employees eligible for overtime. The Proposed Rule would dramatically increase the … Continue Reading
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