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Employment Law

NLRB suspends union elections

03/24/2020
Due to the COVID-19 pandemic, The National Labor Relations Board on March 19 temporarily suspended all representation elections, including mail ballot elections, at least until April 3.

Back to basics: FLSA issues during the coronavirus crisis

03/23/2020
Your responsibilities under the Fair Labor Standards Act haven’t been canceled during the COVID-19 crisis. If you’ve sent employees home to work and some of those employees are nonexempt, you have a problem—tracking their work hours under the Fair Labor Standards Act. Here’s what you need to know about the FLSA.

Passed probation despite disability? She is qualified

03/19/2020
Sometimes, new hires don’t reveal they have a disability until after they have successfully completed a probationary period. By definition, that means they are qualified for the job.

ADA prohibits bias for disability association

03/19/2020
The ADA doesn’t require employers to provide time off or other accommodations so healthy employees can care for a disabled family member. However, courts have consistently ruled that employers can’t discriminate against an employee because of her association with a disabled person.

Get ready for more failure-to-promote suits

03/19/2020
The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.

Emergency law grants paid sick, FMLA leave

03/19/2020
Many employees affected by the coronavirus pandemic will be eligible for paid sick leave and some will be able to take paid FMLA leave under legislation signed into law March 18.

House passes coronavirus rescue bill

03/16/2020
Using expedited procedures, the House of Representatives passed the Families First Coronavirus Response Act (H.R. 6201) early March 14. The Senate is expected to pass a similar measure within days, and President Trump has said he will sign it into law.

Attendance essential, even for disabled employees

03/12/2020
Feel free to require regular attendance from all your employees, even those who are disabled. Simply missing work or refusing to follow rules for requesting time off can be grounds for firing.

Beware basing starting pay on past salary

03/12/2020
Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

DOL offers Q&As addressing coronavirus and FLSA, FMLA

03/12/2020
The Department of Labor’s Wage and Hour Division has released new guidance on how coronavirus and COVID-19 affect compliance with the Fair Labor Standards Act and the FMLA.