Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are...more
The United States Supreme Court just issued a new ruling on the salary basis test for exempt executive employees. Before we get to that, here is a quick background on the salary basis and executive employee tests, which are...more
I have urged all employers to have good and thorough policies against workplace discrimination or harassment. However, a recent case filed by the EEOC against a hotel chain shows that having such policies is not enough, it is...more
Most employers know that under federal law they have to provide job protected, unpaid military leave to their employees. There are, of course, various requirements and standards, but assuming those are met, employees may take...more
If you are applying for a loan under the CARES Act, note that there is a provision that applicants must certify that it is in compliance with all safety requirements of the Occupational Safety and Health Administration...more
The Americans With Disabilities Act (“ADA”) requires that employers provide employee’s with a qualifying disability with a reasonable accommodation, so long as the same does not represent an undue burden on the...more
You should be aware, and make your employees aware, of a new fraud that is hitting businesses, big and small, all over the country. It is commonly referred to as a Business Listing Scam....more
Some employers have begun to pay employee wages through issuing debit cards, rather than cash, check or direct deposit.
Recently, the Pennsylvania Superior Court addressed a class action challenge by McDonald’s employees...more
More employees than ever may be categorized as non-exempt when the new Department of Labor (“DOL”) salary requirement for exempt employees becomes effective on December 1, 2016. Many formerly salaried, exempt employees will...more
The Equal Employment Opportunity Commission (the “EEOC”) has issued a sample notice that will help employers who have wellness programs comply with their obligations under a recently issued Americans with Disabilities Act...more
A question I am frequently asked is how an employer should pay an hourly, non-exempt employee when that employee does not work exactly an 8 hour day.
The answer is that the Department of Labor allows employers to round...more
As any employer should know, there are certain posters that you are required to display that inform employees of their rights under the various employment laws. One of those posters advises them of their rights under the...more
Many employers have policies that prohibit employees from using the company email system for personal emails. The theory is that the email system is set up and paid for by the company in order to facilitate company business,...more
The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more
It is no secret that cash flow is vital to any business, and the key to cash flow it to timely collect money that is owed to the business. Selling a product or providing a service is of no benefit to the business if it does...more
Increasingly, companies are having employees sign noncompete and nonsolicitation agreements in order to protect the company, and its customer base, should the employee leave the company. These agreements are clearly...more
With school about to start, students looking for internships will not be far behind. If your company has an internship program, you need to be award of the regulations governing the same....more
The Department of Labor is focused on eliminating what they believe to be an increasing number of employees who are misclassified by their employers as being independent contractors, and therefore ineligible for benefits,...more
We are frequently asked how long an employer should retain employment records. Employers need to keep them as long as they are required, but obviously don’t want to retain and store any records longer than they have to....more