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Employment Law

Under GOP, could comp time replace overtime pay?

11/20/2024
A proposal calls for Congress to pass the Working Families Flexibility Act, which proposes amending the Fair Labor Standards Act. It would authorize private employers to provide one-and-a-half hours of comp time for each overtime hour worked.

Conundrum: FMLA leave during the holidays

11/20/2024
Dec. 25 and Jan. 1 fall on Wednesdays this holiday season. Holidays falling on Wednesdays usually take the pressure off employers to give off either the day before or the day after, just to round out the week and to show some good will. But Wednesday holidays don’t eliminate all of the FMLA leave considerations you must address.

New overtime rule overturned, white-collar salary threshold reverts to $35,568 per year

11/18/2024
A federal judge in Texas on Nov. 15 struck down the Department of Labor rule that granted overtime pay to 1 million white-collar workers in July and would have made another 3 million eligible for overtime pay on Jan. 1.

NLRB rules ‘captive-audience’ meetings unlawful

11/18/2024
The much-anticipated decision overturned a 76-year-old precedent and is sure to amplify criticism that the NLRB is too pro-union.

Can workers demand remote work as a form of FMLA leave?

11/18/2024
Employees who are eligible for FMLA leave sometimes don’t want to take it because it’s unpaid. However, some have begun asking to take intermittent FMLA leave on a work-from-home basis, so they can care for a sick child or other close relative and still collect a paycheck. Must employers grant such a request? It’s tricky.

The PWFA litigation flood has arrived

11/13/2024
The EEOC has filed the first round of its Pregnant Workers Fairness Act lawsuits alleging interference with the legislation that requires employers to reasonably accommodate conditions related to pregnancy. If you haven’t yet read the regulations and changed your policies and practices to conform to the rules, there’s no time to lose.

“Why would you want to do a man’s job?”

11/13/2024
That’s one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling and landfill service provider—repeatedly asked female job applicants. As a result, the company agreed to pay $3.1 million to settle the agency’s pattern-or-practice sex-discrimination claim.

Obsessive-compulsive disorder and the ADA

11/13/2024
Obsessive-compulsive disorder is an anxiety disorder characterized by uncontrollable, reoccurring thoughts and behaviors, and it can interfere with the ability to perform one’s job.

Ensure undesirable tasks aren’t assigned only to minorities

11/13/2024
Eleven Black employees of Peoples Gas of Chicago filed a lawsuit alleging they were victims of race discrimination when they were assigned to more dangerous neighborhoods.

Call a halt to ‘dead-naming’ of transgender employees

11/13/2024
Employers are responsible for stopping gender-based harassment. Remind supervisors that harassing transgender workers is a serious offense.