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The New Salary Regulations: The Saga Continues

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is...more

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not...more

2015 L&E Developments

As we begin 2016, it is a good time to look back at 2015 labor and employment law developments that employers must keep in mind during the new year. 2015 was indeed a busy year. AFFORDABLE CARE ACT - In 2015, the...more

NLRB Changes Standard for Determining Joint Employer Status

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...more

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

EEOC: Sexual Orientation Discrimination Illegal Under Title VII

The EEOC has found that workplace discrimination against lesbian, gay, and bisexual workers violates Title VII of the Civil Rights Act of 1964. On July 15, 2015, the EEOC reversed the dismissal of a sex discrimination...more

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation

At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the agency revise its...more

NLRB Rules That Employers Must Permit Non-Business Use of Email

The National Labor Relations Board, in a 3-2 decision, has held that employee use of email for activities directed to terms and conditions of employment must presumptively be permitted by employers who have given employees...more

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

The NLRB Invades The Non-Union Workplace

Employers beware! Although the Board's attempt to require employers to post a notice of employees' federal rights has been defeated, the agency remains active in its regulation of the non-union workplace. The Board now has...more

3/20/2014  /  NLRA , NLRB , Unions

EEOC Alleges that Standard Severance Agreement Language Violated Title VII

Certain standard provisions contained in separation agreements commonly used by employers violate federal law, according to the Equal Employment Opportunity Commission ("EEOC"). Specifically, EEOC in a suit filed in Illinois...more

EEOC Obtains Record Relief From Companies

On Monday, December 16, 2013, the EEOC announced that it had obtained $372.1 million in relief from private companies during the 2013 fiscal year, which is a record in monetary benefits collected through enforcement...more

NLRB Has Full Complement Of Board Members

The Senate confirmed all five of the President's nominees to serve as National Labor Relations Board (the "Board") members on July 30, 2013. ...more

Don't Forget To File Your EEO-1 Reports

All private employers who are subject to Title VII and have at least 100 employees must file the Employer Information Report ("EEO-1 Report"). ...more

Employer Affordable Care Act Mandate Delayed

The Treasury Department has just announced that the employer penalty provisions of Health Care Reform, which were set to go into effect on January 1, 2014, will now be delayed until 2015....more

Florida's Unemployment Process Violates The ADA - Warning For Employers

Florida's requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process,...more

NLRB General Counsel Suggests Language That Complies With Banner Health

In a memorandum dated January 29, 2013, but made public on April 16, 2013, the NLRB's Office of General Counsel, while confirming that an employer's blanket confidentiality rule, which precludes employees from disclosing...more

4/29/2013

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

New I-9 Form For Employers

The U.S. Citizenship and Immigration Services (USCIS) has published Introduction of the Revised Employment Eligibility Verification Form in the March 8, 2013, Federal Register. The new Form I-9 is available here. Employers...more

3/12/2013  /  Eligibility , Hiring & Firing , I-9 , USCIS

IRS Expands VCSP Program

On February 27, 2013, the Internal Revenue Service (IRS) announced its expansion of the Voluntary Classification Settlement Program (VCSP) to allow more employers to achieve certainty under the law by reclassifying their...more

Employers Should Ask Their Insurance Agents Whether Early Renewal Of Health Insurance Coverage Is Appropriate

While one of the greatest benefits of the federal Affordable Care Act ("ACA") is better access for all to quality healthcare, theoretically resulting in lower health care expenditures, there also are costs associated with the...more

Employers Need To Evaluate Coverage Under The Affordable Care Act Now

Beginning in 2014, "large employers" may be assessed a penalty for not providing required coverage under the employer shared responsibility mandate of the Affordable Care Act. This does not mean that employers need not worry...more

New Fair Credit Reporting Act Form For Employers

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) established the Consumer Financial Protection Bureau (CFPB), and the responsibility for interpreting and enforcing the Fair...more

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