Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws.
Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is [...]
Posted in DOL, Exempt Employees, FLSA, Georgia, Overtime by: Georgia Employment Law Letter
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Summer is in full swing so it’s time to make sure employees stay safe in the hot weather.
The Occupational Safety and Health Administration (OSHA) doesn’t have a specific standard for addressing heat stress. However, the agency has previously issued citations to employers that have allowed employees to be exposed to a risk of serious [...]
Posted in ADA, ADA Accommodation, Alabama, Break Time, OSHA by: Alabama Employment Law Letter
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by Robert P. Tinnin, Jr.
Q. In January of this year, amendments to the Family and Medical Leave Act (FMLA) became effective, adding certain types of leave for family members to help relatives serving in the military. I understand the leave is available for a “qualifying exigency.” What is that? I recently [...]
Posted in FMLA, FMLA Military Leave, Military Service, New Mexico by: New Mexico Employment Law Letter
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The Equal Employment Opportunity Commission (EEOC) is in the middle of its E-Race Initiative, which is designed to eliminate race and color discrimination in the workplace by identifying issues that contribute to it. The commission intends to achieve its goals for the E-Race Initiative by 2013. Two factors it’s currently addressing [...]
Posted in EEOC, New Jersey, Race Discrimination by: New Jersey Employment Law Letter
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by John Vering
On April 17,2008 the Equal Employment Opportunity Commission (EEOC) announced that Wal-Mart Stores, Inc., had agreed to pay $300,000 to a Hardin, Missouri man to settle a disability discrimination lawsuit. In addition, Wal-Mart agreed to provide training on the Americans with Disabilities Act (ADA) to managers at [...]
Posted in ADA, Disability Discrimination, Hiring, Missouri by: Missouri Employment Law Letter
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Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly.
Kimberly is quite the talker. That’s [...]
Posted in ADA, ADA Accommodation, Arizona, Disability Discrimination by: Arizona Employment Law Letter
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by Tracey A. Cullen
It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are [...]
Posted in Classifying Workers, DOL, Exempt Employees, IRS, Independent Contractors, Minimum Wage, New York, Non-exempt Employee, Overtime by: New York Employment Law Letter
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Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly.
Kimberly is [...]
Posted in ADA, Arizona, Disability Discrimination by: Arizona Employment Law Letter
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