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Employment Law

The new overtime rules: 5 steps to take now

07/09/2015
On July 6, the U.S. Department of Labor officially unveiled the biggest overhaul of overtime law in history. Public comments on the proposal are due by Sept. 4. The final draft will be published after that and may go live as early as Jan. 1. Experts predict an effective date in spring 2016.

When the $#@& hits the GINA fan …

07/08/2015
You may have heard about homeowners’ associations and towns demanding DNA tests when a pooch does his business on someone else’s lawn or in a public park. That’s fine for canines and their owners. But when an employer tried the same thing, the law intervened.

At SHRM, HR pros react to DOL’s proposed overtime pay rule

07/07/2015
The Department of Labor announced its new proposed rule for white-collar overtime pay right as thousands of HR pros were meeting in Las Vegas at the Society for Human Resource Management’s 2015 Annual Conference. Needless to say, it instantly became agenda item No. 1. Here’s some of the reaction at SHRM to the DOL’s bombshell.

Here’s more proof that FMLA rules are clear as mud

07/07/2015
One definition of a “serious health condition” that would qualify an employee for FMLA leave is “any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital.” But what counts as an overnight stay?

Not all skeevy conduct is sexual harassment

07/07/2015
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.

DOL criteria for legitimate unpaid internships

07/06/2015

Is that summer intern down the hall working for free? Watch out! Chances are, you should be paying her at least the minimum wage. To avoid having to pay interns, employers must meet all six of these criteria laid out in U.S. Department of Labor Fact Sheet #71.

Here’s your retaliation ‘get out of jail free’ card

07/01/2015
If you don’t know an employee has engaged in so-called protected activity, you can’t be liable for retaliation. A recent case demonstrates this.

White-collar OT threshold doubling to more than $50K

06/30/2015
The Department of Labor estimates the move will make at least five million more workers eligible for overtime pay if they work more than 40 hours in a week.

Agenda tips DOL’s hand on after-hours technology and pay

06/30/2015
Tucked inside the Obama administration’s Semiannual Regulatory Agenda this spring was a Department of Labor initiative worth watching: A Wage and Hour Division effort to study how employees’ after-hours use of technology might affect wages and overtime pay.

ACA decision reaffirms employer mandate

06/29/2015
The Supreme Court’s June 25 decision in King v. Burwell did more than guarantee that Affordable Care Act subsidies are available to all qualified individuals, regardless of whether they buy health insurance through a state or federal exchange. It also reaffirmed that the ACA’s employer mandate is here to stay.