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Employment Law

Walmart managers get raises to exceed OT salary threshold

10/18/2016
Walmart is giving thousands of assistant managers a pay bump in advance of new overtime rules requiring overtime pay for employees who work more than 40 hours per week and make less than $47,476 per year.

Emergency injunctions sought to stop new OT rules

10/18/2016
Plaintiffs in two lawsuits challenging the Department of Labor’s new overtime rules have asked a federal judge in East Texas to issue expedited injunctions preventing the rules from taking effect Dec. 1.

Do we need to accommodate a disabled contractor just like we would an employee?

10/17/2016
Q. We just hired a contractor for a special project. He has complained that he is sensitive to the smells in our office, which include personal fragrance, scent diffusers and “smelly” food. Since he isn’t our employee can we just tell him to put up with the odor?

How far do we have to go to accommodate employee’s migraine headaches?

10/17/2016
Q. Our receptionist gets occasional migraine headaches, and she gave us a long list of “triggers” that she wants us to eliminate at work. The list includes no fluorescent lights. We cannot afford to replace all of our fluorescent lights. Can we just say no?

Beware overtime issues when calculating FMLA eligibility

10/17/2016
When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.

Custodial aide cleans up after equal pay complaint

10/17/2016
The Montevideo, Minn. School District has settled an equal pay discrimination suit with the EEOC for $50,000.

Motor Carrier Act limits OT for interstate truckers

10/17/2016
Generally, truck drivers who engage in interstate commerce are covered by the Motor Carrier Act rather than the Fair Labor Standards Act as far as compensation and working conditions are concerned.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Union accepted practice? That kills FLSA claim

10/17/2016
In a rare case showing that there may be some benefit to having a unionized workplace, a court has refused to consider whether employees should be paid for time spent putting on and taking off protective clothing.

Harassment investigations: What to ask

10/14/2016
When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.