On November 22, a federal district court judge in Texas issued a nationwide injunction prohibiting the Department of Labor from enacting its new overtime exemption salary increase on December 1 as scheduled. The judge...more
Last Tuesday’s election resulted in California and Massachusetts approving referendums to legalize recreational marijuana use. In addition, Florida and several other states passed or expanded medical marijuana use laws....more
Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more
On Tuesday, a federal district court in Texas issued a permanent injunction blocking implementation of the Department Of Labor’s so-called “Persuader” rule. The rule requires legal counsel and other persons or entities that...more
After years of study, earlier this month the National Institute for Occupational Safety and Health (NIOSH) released recommendations for employee exposure to diacetyl and a related chemical. Diacetyl is a naturally occurring...more
Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more
With the December 1 effective date approaching for the Department of Labor’s increase in the minimum salary for claiming most overtime exemptions, many employers are considering moving employees to the fluctuating workweek...more
Employees approved for unscheduled intermittent Family and Medical Leave (FMLA) can drive their employers crazy. While most such employees use the leave responsibly for true medical conditions, employers sometimes notice a...more
The Equal Employment Opportunity Commission (EEOC) recently approved revisions to its 2017-2021 Strategic Enforcement Plan (SEP). The SEP provides employers with an indication of where the agency will concentrate...more
Last week, the U.S. Supreme Court accepted review of a Fourth Circuit Court of Appeals decision that could determine whether transgender status is a protected classification under federal civil rights laws. In Gloucester Sch....more
Executive Order 13673, entitled “Fair Pay and Safe Workplaces” requires certain federal contractors to disclose to the contracting officer violations over the past three years of 14 listed federal labor laws as well as some...more
Since the inception of the Americans with Disabilities Act, the Equal Employment Opportunity Commission has taken the position that employees can trigger the Act’s reasonable accommodation obligations without having to ask...more
Many employers are currently reviewing their options for reacting to the December 1 increase in the minimum salary for claiming exemption from overtime requirements using the executive, administrative and professional...more
How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen...more
Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...more
Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more
The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more
In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has moved toward a position recognizing that certain workplace occurrences automatically meet the legal requirements for...more
On September 29, the Department of Labor issued final regulations implementing President Obama’s Executive Order requiring federal contractors to provide paid sick leave for their employees. DOL estimates that the rule will...more
Recent amendments to the Surface Transportation Act include a new cause of action for employees of companies engaged in interstate transportation who allege that they were fired or had other adverse action taken against them...more
Late last month, the Equal Employment Opportunity Commission issued its revised Form EEO-1. For the first time, the form will require employers to provide summary information about employee pay broken down by gender, race and...more
In recent years, the Equal Employment Opportunity Commission has attempted to expand the definition of race under Title VII. The agency takes the position that race includes cultural characteristics and individual expressions...more
Over the past several years, legal counsel has urged employers to add language to release agreements used with employees to make clear that nothing in those documents will act to prevent an employee or former employee from...more
In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more
Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...more