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Federal Court Upholds Employment Application’s Statute of Limitation Provision for Filing Lawsuits

Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more

DOL Issues Final Rule on Determinations for Independent Contractor and Employee Status

On January 10, 2024, the United States Department of Labor (“DOL”) issued a final rule that will become effective on March 11, 2024, revising the DOL’s guidance used to determine an individual’s status as an employee or an...more

DOL Clarifies How Holidays Impact Partial Weeks Taken Under FMLA

On May 30, 2023, the Department of Labor (DOL) released an opinion letter clarifying how holidays impact FMLA. Whether the holiday time counts against FMLA depends on two factors: 1.Whether the employee took a partial week...more

Deducting Fringe Benefits for Underperformance Does Not Entitle Employees to Overtime Pay

Per a recent Third Circuit ruling, employers do not destroy the salary basis test for exempt employees by making fringe benefit deductions. The Third Circuit held that the term “salary” does not include fringe benefits such...more

New Pay Transparency Laws Require Salary Range Information on Job Postings

Key Takeaways: •California and Washington join New York City and Colorado as businesses advertising job postings must also post the position’s minimum and maximum salary range. •New York City, California, Colorado and...more

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