A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject...more
The U.S. Equal Employment Opportunity Commission recently updated its poster describing federal laws prohibiting job discrimination....more
Employers will no longer be able to enforce mandatory arbitration provisions or class action waivers where an employee alleges workplace sexual harassment or sexual assault. The Senate passed H.R. 4445 today, “Ending Forced...more
The status of the three federal vaccination mandates has waffled, but there appears to be some stability, at least for now. In short, the CMS Rule is being enforced nationwide and the OSHA emergency temporary standard and...more
Private employers with 100 or more employees will be required to mandate COVID-19 vaccines or require weekly testing for their employees, the White House announced Thursday. The Occupational Safety and Health Administration...more
Effective performance feedback is critical to employees' efficiency and organizational growth. This can be thwarted in an emergent cancel culture in which nearly every aspect of workplace management is subject to increased...more
Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more
The U.S. Supreme Court will not resolve a circuit split on the length of leave an employer may be required to give to an employee as a reasonable accommodation under the Americans with Disabilities Act.
Originally...more
Accusers of Harvey Weinstein were catalysts for an important national dialogue on sexual harassment. Weinstein’s company reportedly knew of his behavior and settled multiple harassment claims against the former mogul. By all...more
11/30/2017
/ Civil Rights Act ,
Corporate Culture ,
Employer Liability Issues ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
NBC ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Television Shows ,
Title VII ,
Tone At The Top
Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime rule, which was to take effect December 1, 2016. The rule, addressing the so-called white collar...more
A recent blog post by one of Ivanka Trump’s interns suggests the Presidential candidate’s daughter uses unpaid interns to help run her website, IvankaTrump.com.
The intern offered tips on staying financially afloat while...more
The leaked Urban Outfitters memo asking salaried employees to volunteer one or more weekend shifts at an Urban Outfitters fulfillment center to pick, pack and ship merchandise is really no story at all, despite Internet...more
According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more
8/27/2015
/ Americans with Disabilities Act (ADA) ,
Criminal Prosecution ,
EAP ,
Employee Assistance Programs ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Homicide ,
OSHA ,
Protected Activity ,
Protected Class ,
Title VII ,
Workplace Safety ,
Workplace Violence ,
Zero Tolerance Policies
Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more
8/24/2015
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Internships ,
Nonprofits ,
Railroads ,
SCOTUS ,
Students ,
Training ,
Unpaid Interns
In light of the United States Department of Labor’s (“DOL”) June 30, 2015 report and proposed amendments to the salary portion of the ‘white collar’ exemptions that would more than double the minimum salary of those exempt...more
8/3/2015
/ Compliance ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Internal Audit Functions ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
NPRM ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The Fair Labor Standards Act (FLSA), as construed by the U.S. Department of Labor (DOL) in its extensive regulations promulgated under the Act, governs federal wage and hour law. Where an employer is an enterprise engaged in...more
According to the Equal Employment Opportunity Commission, taking employment action based on an individual’s criminal history can amount to discrimination under Title VII of the Civil Rights Act of 1964 (Title VII),...more
As good corporate citizens, medical facilities help educate the next generation of health care workers by permitting students hands-on training through clinicals or rotations. Nevertheless, some students claim this training...more