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Employment Law

New DOL guidance cracks down on employers’ use of independent contractors

07/16/2015

Continuing its attack on the misclassification of employees, the U.S. Labor Department released new guidance on July 15 that aims to clarify how businesses should distinguish between employees and independent contractors. The guidance stresses that the FLSA’s definition of “employment” is very broad, and that employers are probably violating the law if they’re treating workers who are integral to the business as independent contractors.

Unions hit the gas: New ‘ambush’ rules cause spike in elections

07/16/2015
On April 14, the National Labor Relations Board dramatically shortened the election periods for union campaigns. You may have been able to predict the result …

OT pay for checking email? DOL to explore it

07/15/2015
The HR news on everyone’s radar right now is the U.S. Department of Labor’s proposed regulations resetting the salary basis for exempt employees. But that’s not all the DOL is up to. Buried in those proposed regs was an announcement about technology and overtime that was easy to miss, but which may dramatically alter how you pay some hourly employees.

NLRB forces bakery to rehire workers, pay back wages

07/15/2015
Omaha, Nebraska-based Skinner Bakery will rehire six workers and pay more than $112,000 in back pay at its Paris, Texas, facility following a National Labor Relations Board ruling.

Judgment Day for ministry on pregnancy bias

07/15/2015
A federal judge has ordered the Houston-based United Bible Fellowship Ministries to pay a former employee nearly $75,000 in back pay and damages because of the nonprofit’s policy prohibiting pregnant employees from working and barring the hiring of pregnant women.

Court upholds new NLRB rules on elections

07/15/2015
A new NLRB rule that will make it easier for unions to organize a work site has been upheld as a valid exercise of the NLRB’s regulatory authority.

Tell employee that she’s nearing FMLA eligibility

07/15/2015
Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.

Settlement agreement may not kill OT claims

07/15/2015
The 5th Circuit Court of Appeals has ruled that settling a state court lawsuit over a noncompete agreement (with a payment and an agreement that supposedly included all employment claims) didn’t bar the former employees from suing for unpaid overtime that they claimed was owed to them under the Fair Labor Standards Act.

Questionable conduct? End it and move on

07/15/2015
Not every action that may be interpreted as harassment actually is. That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

They’re on break and off the premises–but are we still liable for our workers?

07/15/2015
Q. If an employee leaves company premises during his designated paid or unpaid breaks (without clocking out) to get food or go shopping, is the company liable if the employee is involved in an incident?