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Employment Law

DOL orders extra helpings of damages against restaurants

02/12/2024
The Depart of Labor is cracking down hard on restaurants that cheat workers out of tips and otherwise fail to pay them properly. On Feb. 7 alone, the DOL announced it had recovered more than $850,000 from eateries in Florida, Hawaii and Oregon.

An old law newly revived: Be alert for Section 1981 suits

02/12/2024
A law written more than 150 years ago has gained new favor among employees suing for discrimination—and by conservative activists who want to shut down corporate diversity initiatives.

Supreme Court eases burden for employees claiming retaliation under SOX

02/09/2024
The U.S. Supreme Court ruled unanimously on Feb. 8 that under the whistleblower protections written into the Sarbanes-Oxley Act, a whistleblower is not required to prove that his employer acted with retaliatory intent when it punished him for reporting that other employees had committed illegal acts.

ADA doesn’t require unlimited leave

02/09/2024
Here’s a powerful reason to require regular attendance as an essential job function: A new federal appeals court decision makes it clear that the ADA’s reasonable accommodations provisions strictly limit time off as a reasonable accommodation when employers can show that a job’s essential functions include showing up for work as scheduled.

Federal contractor? Beware DOL probes of wage-and-hour violations

02/05/2024
Department of Labor investigators are going after federal contractors that cheat employees out of pay and leave—and the DOL is winning. The latest example: On Jan. 29, the DOL announced it had recovered nearly $16 million in back wages and restored more than 24,700 paid sick-leave hours for more than 2,800 employees who worked for 62 contractors and subcontractors.

Docking pay for snow-day absences: When is it legal?

02/04/2024
The snow’s coming down pretty good and an exempt employee calls to say she can’t make it in today because her car is stuck. Can you deduct a full day’s pay from her salary for that missed day? What if she’s non-exempt? What if you close work because of bad weather? Here’s guidance—and a handy flowchart—to help you make the call.

Nonunion workforce? How union rules could still trip you up

02/01/2024
The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

As Valentine’s Day approaches, review policies addressing sexual harassment

01/31/2024
With February comes Valentine’s Day, as good an excuse as any to review your company communications policies so employees understand there are limits on how, where and when they can embrace the spirit of romance at work.

Prepping for DOL’s new employee/contractor rule? Call your lawyer first!

01/26/2024
The Department of Labor’s recently released final rule on employee/independent contractor classification is scheduled to take effect March 11. Maybe it will, maybe it won’t. A lawsuit has already been filed to stop the DOL from enforcing the rule, and more litigation could be coming. However, it’s smart to plan now to begin complying with the rule’s six-part economic realities test to determine whether a worker is an employee or an independent contractor.

With election heating up, beware immigration-related harassment

01/26/2024
The 2024 election year is in full swing and some of your employees are bound to have strong opinions on major issues politicians are running on. One topic certain to figure heavily is immigration. For employers, there is a real risk that anti-immigrant harassment could infect workplaces. HR pros have an obligation to put a stop to it.