Human Resources Professionals

News & Analysis as of

Marital Status Discrimination

During a recent conversation with an experienced business lawyer, it became clear that, despite his representation of companies in several states, he was unfamiliar with the concept of marital status discrimination. That got...more

Job Relocations May Trigger Need for Amended H1-B Petition

Before moving an employee with an H1-B visa to a different office or worksite, the employer may have to file an amended H1-B petition, according to a recent US Citizenship and Immigration Services (USCIS) Administrative...more

Is An Unlimited Vacation Policy Right For Your Workplace?

According to a survey by the Society for Human Resource Management, about 3% of companies in the U.S. maintain some form of unlimited vacation policy. The reasons for adopting such a policy are easy to see: they offer...more

Department of Labor Proposes Doubling Overtime Threshold for Many Exempt Employees

The Fair Labor Standards Act (FLSA) requires most employees to receive the federal minimum wage of $7.25 per hour, and overtime pay for all hours worked over 40 in a workweek. The FLSA exempts several categories of employees...more

The New Overtime Regulations: Are Your White Collar Employees Still Exempt?

On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more

New Overtime Regulations Will Impact Five Million Workers

For the first time in over a decade, the Department of Labor (Department) proposed updates yesterday to the federal Fair Labor Standards Act (FLSA) white collar overtime regulations. These changes will impact businesses...more

New FLSA Regulations Released, Salary Threshold Doubled

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). The Office of Management and Budget’s Office of Information and...more

New union election rules yield much quicker elections

Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the...more

Massachusetts Attorney General Issues Final Earned Sick Leave Regulations With Substantial Revisions

As many of you are aware, the July 1, 2015 effective date of the Massachusetts earned sick leave law is looming. In summary, the new law provides that employers of 11 or more employees must provide their Massachusetts...more

The Best Defense Against an FMLA Lawsuit: Training!

Quick. Answer this: if one of your employees tells his supervisor that he needs surgery and will miss 2-3 weeks of work, do your managers know what to do? Do they call the employee’s surgeon? (NO!) Do they know who to speak...more

Visa Services Interruption

The Department of State’s (DOS) Bureau of Consular Affairs has advised that it continues to experience technical problems with its visa systems. This issue is not specific to any particular country or visa category. The DOS...more

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

Employment Law 101: Jury Duty

Who does it apply to: The Jurors Right to Reemployment Act and the Jury System Improvement Act of 1978 applies to all employers in Texas. These laws protect the employment status of those employees serving jury duty in either...more

Update on Department of State Visa Systems Issues

On June 15, 2015, the Department of State (DOS) announced that the Bureau of Consular Affairs was experiencing technical problems with its visa systems, which resulted in delays in printing visas and the possible rescheduling...more

Visa Delays Plague U.S. Consulates and Embassies Due to Technical Issues

The U.S. Department of State (DOS) has reported that it is experiencing technical problems with its visa systems, preventing it from issuing visa stamps to foreign nationals. The problem also affects the ability to schedule...more

Update to Department of State Visa Shutdown

The U.S. Department of State (DOS) has provided an update on its ongoing technical problems with issuing visas. According to the update, the visa shutdown appears to be the result of a hardware failure. The DOS has over 100...more

Immigration Update: Technical Issues Continue to Impact U.S. Visa Processing Worldwide

U.S. Department of State (DOS) continues to address the technical problems with their visa systems. As announced on June 12, 2015, the issue impacts U.S. Consulates worldwide and is not specific to any particular country or...more

Helpful Guidelines For Employee Handbook Drafting

The NLRB has recently been active in analyzing whether employee handbooks violate Section 7 of the National Labor Relations Act (the “Act”). In light of this, it is advisable for employers to try to imagine their handbook...more

Harassment “Must-Have” No. 5: No Retaliation!

It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional – you can’t “accidentally” retaliate against someone. You can’t “negligently” seek payback....more

Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign...more

The DOL’s Upcoming Proposed Revisions to the FLSA’s White Collar Exemption Regulations

This month the Department of Labor is expected to propose, for the first time since 2004, revised regulations concerning the executive, administrative, professional, outside sales, and computer exemptions under the Fair Labor...more

DOL Revises Forms to Comply With EEOC Guidance Regarding GINA

The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms. When the DOL issued its March 2013 revision to the FMLA regulations, its primary purpose was to address the...more

Iowa Immigration Law Blog: Update on Visa Delays and H-1B News

Visa Delays World Wide - The Department of State (DOS) has announced that due to a central computer hardware problem, visa issuance has temporarily stopped. Applicants interviewed after June 9 will experience...more

Deferred Compensation - Updated IRS Audit Guide

The IRS recently updated the Audit Techniques Guide that is provided to its agents with respect to deferred compensation programs, including - as the Guide specifies - salary reduction arrangements, bonus deferral plans,...more

Exemption Proposals Apparently Still Under Review

It has been widely anticipated that the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative...more

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