A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more
On January 11, 2024, the EEOC announced it was settling an alleged sex discrimination claim with a national retail corporation in Ottumwa, Iowa. The allegation was that the store had improperly used sex stereotyping about...more
For many working in human resources, at some point they will be tasked with conducting witness interviews. If there’s litigation, they may assist in witness preparation and/or being present at depositions, trials, and...more
On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking which would affect the classification status of exempt employees. As many employers will remember, during the Obama administration there were...more
The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by the base requirements of the Act. This includes being paid minimum wage for every hour worked and time and one-half for all...more
On February 9, 2023, the U.S. Department of Labor issued Opinion Letter FMLA 2023-1-A relating to whether or not an employee could “limit their workday to eight hours a day for an indefinite period of time…” when the standard...more
Over the last decade, there has been confusion and a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability...more
One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more
7/25/2022
/ Department of Labor (DOL) ,
Disability Leave ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Leave of Absence ,
Medical Leave ,
Wage and Hour
The WARN Act requires businesses to give employees notice of a large-scale layoff. Who receives the notice and when can be confusing. Here are three common questions about WARN notices....more
7/12/2022
/ Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Businesses operating in Iowa need to take into consideration both the Federal WARN Act, which applies to companies with 100 or more employees, as well as the Iowa Layoff Notification Law, or the Iowa Mini-WARN, which applies...more
7/7/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Q: With the current employment shortage we find ourselves hiring more high school or younger employees. What are the limitations there?...more
Q: We had a payroll issue and accidentally overpaid an employee quite a bit. Can we simply withhold from their future paychecks?...more
Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more
3/3/2022
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
State Labor Laws ,
Wage and Hour
Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more
As employees return to the workforce from remote work and the ability to take a break and walk the dog whenever they want, many are demanding to increase flexible work schedules. As humans, we think primarily about what...more
Q: We gave an employee a performance improvement plan and now they refuse to sign it. What do I do?...more
Q: We have an employee who is struggling with the basic tasks of their job. I have counseled the employee multiple times and they do well for a couple of weeks but then they backslide. I feel like I can’t fire them because...more
With employees continuing to have remote schedules or with the implementation of hybrid work schedules, questions continue to arise for hourly employees on what is paid or unpaid time. Questions occur when employees may have...more
There were two cases this year at the Iowa Supreme Court which related to issues involving Iowa Board of Medicine claims. In one case it was a question of the hospital’s ongoing responsibility to assess physician competence....more
In 2021, as everyone begins to hope that the world will shift back to normal after the chaos of COVID-19, many employers are finding that they have no workers to fill open positions as they ramp up production and expand...more
6/3/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Paid Time Off (PTO) ,
Relief Measures ,
Unemployment ,
Unemployment Benefits ,
Unemployment Compensation System ,
Wage and Hour
Even though we haven’t finished the Drake Relays and most likely have at least one more blizzard in our future, employers are thinking about when school ends and potentially hiring youth workers in Iowa. Employers who hire a...more
On February 25, 2021, the US Department of Labor issued guidance for state-based unemployment compensation programs. The guidance addresses the concern that some workers lose unemployment compensation benefits if they refuse...more
Q: An employee wants to go to a reduced schedule of 32-hours a week. The position is exempt, 40 hours. Can we simply reduce her pay by the same percentage of reduced hours?...more
Q: One of my employees has now exhausted not only the new leave under the FFCRA but also all her PTO time. She wants to “borrow” time from future accruals. Can she do that?...more
In November, the DOL released a few opinion letters answering questions related to employee continuing education (reviewed in “Is Training Time Paid? DOL Reiterates Standard Position”) and ongoing questions involving employee...more