Employers may be reeling from what they see as swift and dramatic changes related to employment regulation. In recent months, they’ve found themselves dealing with new rules on union representation elections, an impending expansion of who is eligible for overtime, a more restricted view of the use of independent contractors, as well as an array [...]
Archive for the 'FLSA' Category
A regulatory change expected to make some 5 million more employees eligible for overtime pay likely won’t take effect for a year or more, but employers are urged to plan now how they will cope with the change.
David Fortney and Judith Kramer, attorneys with Fortney & Scott, LLC in Washington, D.C., recently conducted a [...]
It’s a common frustration for employers: Some workers feel a strong need to break away from work a few – or several – times a day to get their nicotine fix. Other employees just feel a strong need to break away from work. If an employer allows smokers short cigarette breaks at various times through [...]
Employees straggling in late or not coming in at all is often at the top of the list of employer frustrations. The problem can lead employers to devise creative solutions, such as requiring management employees to clock in and even docking their pay when they’re late. But a solution that’s legal is more important than [...]
Questions regarding the Family and Medical Leave Act (FMLA) can get tricky. For example, if an employee is off work because of a medical condition, can the employer start the FMLA clock ticking even if the employee doesn’t want his time off counted against his FMLA leave allotment?
And what about an exempt employee who has [...]
by Maria Mejia-Opaciuch, John Herrington, and Irma Solares
Foreign companies and investors that enter the U.S. market are governed by numerous state and federal labor and employment laws. When you’re opening a business in the United States, it’s critical to work with experienced lawyers who can guide you through the necessary steps. [...]
by Kara E. Shea
One of the most common questions I hear from employers involves when they can or can’t dock employees’ paychecks. It’s very tempting to use an employee’s paycheck as a way to recoup losses you’ve incurred because of her actions, especially when, as a practical matter, there will never [...]
by Leanne Mehrman, Sal Simao, and Joanna Rich
Much of the country suffered through punishing storms this past winter, and it has already started again. While fresh snowfall on a crisp winter day can be a beautiful thing, snowy and icy driving conditions are usually a little less charming, especially for employers whose [...]
When workers volunteer to attend work-related meetings during their lunch break, are they dedicated employees eager to go the extra mile, or do they signal a legal problem? That’s an issue recently put to a group of attorneys who focus on employment law matters. Their advice: Be careful.
The attorneys were asked what to do [...]
by Joe Godwin
In 2013, the Equal Employment Opportunity Commission (EEOC) investigated 93,727 charges of discrimination, which resulted in penalties totaling $372.1 million. Retaliation claims accounted for 41 percent of all the charges. The most frequent bases of claims across all statutes are related to discharge and discipline. Therefore, employers [...]