Under the Fair Labor Standards Act (FLSA), employers do not need to pay overtime to salespersons who are customarily and regularly engaged in making sales away from the employer's place of business.
The Internal Revenue Service (IRS) has released the 2014 optional standard mileage rates used to calculate the deductible cost of operating a vehicle for business, charitable, and medical or moving purposes and the company fleet…more
Two restaurants in California have been fined $1.9 million for a variety of wage and hour violations as the result of an investigation by state and federal labor agencies.
The fines mark the latest example of joint…more
California has long been among the most active states when it comes to employment law. That reputation held true in 2013. Anthony Oncidi, head of the labor and employment law group at the Los Angeles office of Proskauer Rose,…more
Employee "crying spells" or potential "flare-ups" of an "emotional" nature may be enough to substantiate a claim for Family and Medical Leave Act (FMLA) leave, according to an Ohio federal court. Nelson v. Clermont County…more
To help simplify recordkeeping, federal law allows employers to round the time worked by hourly employees to the nearest quarter hour.
But, as a $2.75 million settlement by uniform services provider ARAMARK illustrates,…more
The drug use rate of US workers has declined 74 percent over the past 25 years, according to a Quest Diagnostics study. The drug screening company analyzed over 125 million urine drug tests administered from the period 1988 to…more
On November 18, 2013, The National Labor Relations Board (NLRB) Office of the General Counsel (OGC) announced that it has authorized complaints against Wal-Mart for unlawfully retaliating against its employees who engaged in…more
The United States Citizenship and Immigration Services (USCIS) Director, Alejandro Mayorkas, has announced that E-Verify, the program that allows employers to electronically verify the information provided by new hires on the…more
New York is now collaborating with the federal government to go after employers that misclassify employees as independent contractors.
The US Department of Labor's Wage and Hour Division (WHD) on November 18 entered into…more
As part of an annual inflation adjustment required by state statute, Missouri will increase its minimum wage rate by 15 cents to $7.50 per hour, effective January 1, 2014, the Missouri Department of Labor and Industrial…more
Hawaii has become the 15th state to legalize same-sex marriage after Governor Neil Abercrombie signed the state's gay rights measure into law on November 13. The Hawaii Senate had passed the same-sex marriage bill the previous…more
Microsoft Corporation has changed its performance review process to exclude stack ranking, while Yahoo! has chosen to implement the sometimes-unpopular appraisal system. Although critics have argued that the practice may inhibit…more
Thirteen states that took out loans from the federal government in order to keep their unemployment insurance (UI) trust funds solvent will lose the full Federal Unemployment Tax Act (FUTA) credit for 2013 because they did not…more
An administrative law judge (ALJ) for the National Labor Relations Board (NLRB) has found that an employer violated the National Labor Relations Act (NLRA) by refusing to bargain with a union unless the union agreed that any…more
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