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Hang On, the Overtime Rollercoaster is Taking Another Turn

Since 2014 when President Barack Obama directed the DOL to “modernize” the overtime law, the new overtime rules were announced, published, revised, published again, finalized, legally challenged and then judicially blocked....more

Is the 8 and 80 Overtime Exception for Hospitals and Health Care Providers the Right Fit for Your Company?

The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of...more

Federal Appeals Court Rules That Title VII Protects Employees From Sexual Orientation Discrimination

Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against an employee because of her race, color, religion, sex or national origin. Until this month, no federal court of appeals had...more

Accommodating Mental Health Conditions – The EEOC's Latest Guidance and Some Practical Tips for Complying with the ADA

Complying with the Americans with Disabilities Act is not an easy task. Even if an employer does the document dance correctly, determining whether an accommodation is reasonable can be a tough call. Reasonable people can...more

2016 Christmas Party Post Mortem

Three years ago, the Company Christmas Party resulted in various criminal charges, allegations of sexual harassment, compensation of the entire Accounting Department for an all-night game of Truth-Or-Dare, a workers...more

Health Care Employers Heads Up: What You Need to Know About Section 1557 of the Affordable Care Act

As the current presidential administration winds up its time in office, the administrative branch is hard at work completing its regulatory agenda. Part of this effort is implementing Section 1557 of the Affordable Care Act...more

EEOC Does Its Best to Make Complaining Employees Untouchable with New Enforcement Guidance on Retaliation

Almost 20 years have passed since the EEOC published its guidance on retaliation claims in 1998, and much has changed in the workplace since then. Not surprisingly though, the agency's position on retaliation – now the most...more

Help with HIPAA!

The U.S. Department of Health & Human Services has published answers to some frequently asked questions about an individual’s right to access identifiable health information. Are the FAQs boring? Absolutely. But are they...more

May an Employer Object to the Affordable Care Act’s Contraceptive Mandate Based Solely on Moral Grounds? A federal court has ruled...

Hobby Lobby took on the Affordable Care Act’s mandate that it must provide female employees certain contraceptives on religious grounds and won. March for Life, a pro-life organization, is trying to reach the same result but...more

Even Under the ADA, Some Jobs Require Being On-Site; Court of Appeals Decision Offers Lessons

Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

Spoiler Alert: The EEOC Is Quietly Figuring Out The Best Way To Collect Private Employers' Compensation Information

Most following the federal government’s efforts to collect employee compensation data are aware of the OFCCP’s proposed requirement that federal contractors file an "Equal Pay Report" providing information on the salaries,...more

Hospitalitas Newsletter - Winter 2014

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

Enforcing Civility in the Workplace is a Potentially Risky Proposition, According to the NLRB

Does your employee handbook discourage negative comments or encourage positive behavior? Such provisions are likely unlawful, according to the National Labor Relations Board (NLRB). For example, consider the case of Hills and...more

New North Carolina Law Prohibits Employers from Asking Applicants for Information About Expunged Criminal Arrests, Charges, and...

Imagine a scenario where the applicant you are about to hire as Chief Financial Officer was convicted of a crime, perhaps embezzlement, that he managed to get expunged, but you’ll never know because you can’t ask him about...more

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