Wisconsin Governor Tony Evers announced this morning via Twitter that he intends to issue what is being labeled a “Safer at Home” Order on Tuesday, March 24, 2020. Though the formal requirements of the Order have yet to be...more
How many readers have confronted the following scenario:
Employer provides a paid meal break to its employees (for ease of application, we are going to suggest the paid meal break is 30 minutes in length);
Employees...more
...Generally, employers with 100 or more employees, and certain federal contractors and subcontractors, are required to file an Employer Information Report EEO-1 each year. The EEO-1 is a report of the employer’s work force...more
OFCCP Audit Scheduling Letters Available Online – On Friday, February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next set of Corporate Scheduling...more
OSHA (the Occupational Safety and Health Administration) issued its electronic injury reporting rule in May, 2016. When issued, OSHA had intended all employers (over time) to submit their injury and illness records (OSHA Form...more
The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation?...more
The compliance date for employers to file their 2016 OSHA 300A reports on the new electronic website has been delayed an additional two (2) weeks pursuant to a regulation issued on Wednesday, November 22, 2017, and which is...more
As noted in our Legal News Update – Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment – allegations regarding workplace harassment have recently been a major focus of traditional and...more
On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD)...more
6/13/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Interpretive Opinions ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Obama Administration ,
Secretary of Labor ,
Trump Administration ,
Wage Orders
Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more
An engineer’s employment contract provision imposing a post-termination restriction against soliciting former co-workers to quit or to accept employment with a competitor, supplier, or customer is an unenforceable restraint...more
With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more
This past November, Congress passed a budget that included legislation requiring federal agencies to adjust their civil penalties to account for inflation. In response, the Department of Labor (DOL) is adjusting penalties for...more
On Labor Day, September 7, 2015, President Obama signed Executive Order 13706 – Establishing Paid Sick Leave for Federal Contractors. The Executive Order requires that certain federal contractors and subcontractors (the same...more
3/24/2016
/ Anti-Retaliation Provisions ,
Barack Obama ,
Comment Period ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
NPRM ,
Paid Leave ,
Sick Leave ,
Subcontractors ,
Wage and Hour
On March 1, 2016, the Wisconsin Supreme Court issued its long-awaited decision in UFCW v. Hormel Foods Corp., 2016 WI 13 (March 1, 2016). Unfortunately, many are wondering if the decision will provide useful guidance for...more
They say the future tends to repeat the past. When it comes to employment compliance, this may be especially true.
With the exception of the laws and regulations applicable to federal contractors, not much changed on the...more
Many companies use the calendar year (January to December) as the plan dates for their Affirmative Action Plans (AAPs). For companies that do so, it is important to remember that current year AAPs for January 1, 2015, thru...more
The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more
Most employers understand that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. However, an employer may legally decide not to hire an individual with a disability if he or she...more
The Equal Pay Report – yet another obligation being imposed on federal contractors is coming to you soon. The Office of Federal Contract Compliance Programs (“OFCCP”) released information on another new rule that will require...more
Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners.
The federal government spends more than $500...more
In late 2007, the Bush-era National Labor Relations Board issued what has since simply become known as the Register Guard decision. In that decision, a divided Board (along political lines) held that employees have no...more
Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton...more
Union membership has been in a steady decline for decades, reaching, according to a N.Y. Times article, a 97-year low. While much of the perception and general opinion for the sharp decline in 2012 (from 11.8% to 11.3% of the...more
According to the U.S. Citizenship and Immigration Services (USCIS) Web site, “U.S. law requires companies to employ only individuals who may legally work in the United States — either U.S. citizens, or foreign citizens who...more