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Employment Law

DOL to issue proposed rule on joint employment in December

10/23/2018
The DOL’s fall regulatory agenda, released Oct. 16, said the department anticipated publishing a notice of proposed rulemaking in December.

DOL plans to issue new OT rules in March 2019

10/23/2018
The U.S. Department of Labor says it will propose a new salary threshold for paying overtime to white-collar workers next March.

Run audit to check Equal Pay Act compliance

10/18/2018
Answer these questions to see if your organization’s policies violate the EPA.

Small businesses get DOL wage-and-hour help

10/18/2018
The U.S. Department of Labor has launched a web portal to help small businesses comply with the Fair Labor Standards Act and other employment law statutes.

Hiring: Opioid crisis collides with the ADA

10/18/2018
Among the scarce pool of workers who are applying for jobs, a fair number are recovering opioid users. That may mean employers face a higher likelihood of being sued because they don’t understand the ADA.

EEOC: On the Border chain crossed the harassment line

10/17/2018
The EEOC has filed suit against national Mexican restaurant chain On the Border, alleging management at its Holtsville, New York location failed to stop racial harassment directed at one of its chefs who is black.

Simple warning doesn’t constitute retaliation

10/17/2018
A mere warning that one is facing potential disciplinary action doesn’t amount to retaliation for filing a discrimination complaint.

Discrimination claims must be based on good faith

10/17/2018
Complaining about discrimination is considered protected activity. Punishing employees for com­plaining may be retaliation even if it turns out that the original claim was meritless. However, the original complaint must have been made in good faith.

Warn bosses to avoid retaliation when dealing with employees who constantly complain

10/17/2018
Even if it turns out that most of an employee’s complaints aren’t serious enough to be considered unlawful under federal, state or local laws, that doesn’t mean the employee won’t have a retaliation case if her supervisor finds ways to make the employee pay for complaining.

Never bring up relative’s disability when discussing reasons for absenteeism

10/17/2018
Warn New York City supervisors against mentioning possible reasons for absenteeism when disciplining workers for missing work. It can badly misfire, especially if the reason for missed work is taking care of a disabled relative.