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Employment Law

Federal appeals court affirms: Overtime salary test is valid

09/20/2024
Ruling in Mayfield v. DOL, the 5th Circuit Court of Appeals rejected a challenge by a Texas restaurateur who argued that nothing in the Fair Labor Standards Act gave the DOL the authority to base overtime pay on anything except the kind of work employees perform.

Fired whistleblower triggers wide-ranging investigation

09/19/2024
An employee of a day care center who raised health concerns about the center’s kitchen will receive $43,295 in back pay. But it may cost the employer far more.

Who can sue you if employees work remotely?

09/19/2024
The Fair Labor Standards Act sets nationwide standards for wage-and-hour compliance and also allows employees to bring collective lawsuits against their employers for FLSA violations. Can employees who work remotely in far-flung states join together in one lawsuit and sue their employer?

FTC can’t enforce its ban on noncompete agreements

09/19/2024
Janitors, security guards and fast-food employees probably shouldn’t be required to sign noncompete agreements, but many are. Last spring, the Federal Trade Commission tried to remedy this by issuing final regulations banning most noncompete agreements. A federal trial court has now issued a nationwide injunction prohibiting the FTC from enforcing them.

Require supervisors to consult HR before removing reasonable accommodation

09/12/2024
Once an employer accepts and approves an employee’s request for a reasonable accommodation, it has essentially agreed that an accommodation was warranted. Think twice before removing that accommodation!

Blue-collar classification: Manual work isn’t exempt, even when paid on salary basis

09/12/2024
Sometimes, it’s difficult to make the exempt/nonexempt classification call. One thing that’s certain, however, is that paying on a salary basis does not convert nonexempt employees into exempt employees.

$45 million to settle pregnant workers’ suit

09/12/2024
In a case that highlights the need for employers to take the Pregnant Workers Fairness Act seriously, U.S. Customs and Border Protection has agreed to pay $45 million to settle a class-action lawsuit filed by 1,000 agency employees. The suit alleged CBP refused to accommodate pregnant workers with anything other than light-duty work.

DOL investigators target restaurants, recover $2.25 million in just one week

09/09/2024
The Department of Labor’s crackdown on the restaurant industry continues. Over the course of just a week in late August, the DOL secured more than $2.25 million in back pay, damages and penalties from restaurateurs who cheated employees out of tips, failed to pay for overtime hours and illegally employed minors.

Twist: Disabled worker wants to work on-site, not from home

09/06/2024
Disabled employees are entitled to enjoy all “privileges of employment.” Excluding them from training, company events, team-building activities and other employment benefits may amount to disability discrimination. Thus, disability accommodations that deprive them of employment privileges may violate the ADA. Ordinarily, the employer gets to choose the accommodation it prefers, but there are limits, as this recent case shows.

New Illinois law highlights AI traps for employers

09/03/2024
On Aug. 9, Illinois Gov. J.B. Pritzker signed a bill that amends the Illinois Human Rights Act to limit how employers can use AI in hiring, promotion, retention and discipline. Any AI use that discriminates on the basis of protected status is now illegal.