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Employment Law

Why you might want to track exempt workers’ time

12/02/2024
Because you must pay exempt employees their full salary in any week when they perform any work, there’s generally no need to track every hour and minute they work. But what happens if you classified the worker incorrectly and she wasn’t an exempt employee after all?

Court blocks overtime rules: Now what?

11/26/2024
What should employers do now that the overtime rule has been overturned? The good news is they won’t need to raise salaries on Jan. 1. But what about reversing the changes made in good faith back in July? Here are your options.

Trump to nominate Chavez-DeRemer, a pro-union Republican, to become labor secretary

11/25/2024
Regarded as one of the only pro-union Republicans in Congress, Chavez-DeRemer co-sponsored the Protecting the Right to Organize Act when the House of Representatives passed it in 2023.

Ensure timely consideration of disability-accommodations requests

11/22/2024
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Arriving at those accommodations is supposed to be an interactive process. If employers drag out that process, they run the very real risk of being sued.

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.