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

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

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

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