Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi.
This guide covers a state snapshot, the employment relationship, hiring, wage and hour,...more
11/10/2020
/ Agribusiness ,
Documentation ,
Employees ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Standards Act ,
Equal Employment Opportunity Commission (EEOC) ,
Form I-9 ,
Gender Discrimination ,
Immigration ,
Independent Contractors ,
Misclassification ,
New Guidance ,
Policies and Procedures ,
State and Local Government ,
State Labor Laws ,
State Regulators ,
Title VII ,
Unions
Most employers are familiar with the role of the Occupational Safety and Health Administration (OSHA) in enforcing standards to ensure that the working men and women in the United States have a safe and healthy workplace....more
Even in virus-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment...more
Since the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks...more
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more
As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities....more
8/26/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
High Risk Covid Employees ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Remote Working ,
Sick Employees ,
Social Distancing ,
Telecommuting ,
Workplace Safety
There have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees,...more
In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the...more
Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-Berru, the Supreme Court expanded the ministerial exception that...more
7/16/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
In hiring employees, can you just give them a salary bump or must you look at their soon-to-be coworkers to decide the correct amount? This is a hotly debated issue right now, and, as with many things, it depends on where you...more
The EEOC just amended its Q&A document on COVID-19 testing to address what COVID-19 testing employers can require. At this time (and it could change), the EEOC says that the ADA does not allow employers to require antibody...more
Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like...more
For those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no...more
Last week we blogged about unemployment changes in Alabama, North Carolina, Texas, and Virginia and what employers who have to reduce hours or lay off folks should be considering for their employees. Since our original post...more
Several states and municipalities are moving to shutdowns in an attempt to curb the spread of COVID-19. These shelter-in-place orders usually allow “essential” businesses to stay open. Unfortunately, like much of the current...more
As more municipalities and states that are dealing with COVID-19 issue orders mandating the closing of non-essential businesses such as bars, restaurants and gyms, many hourly employees are looking at a long period of...more
With companies try to keep employees safe but still conduct business while the coronavirus flattens out, employers should be mindful of their obligations to employees while working off-site.
Non-exempt Hourly Employees...more
The coronavirus has already had a large (some would say devastating) effect on the global economy. How will it affect the day-to-day operations of an employer? Obviously, businesses want their employees to be safe and...more
The EEOC has released its annual report on the number of discrimination charges filed across the country. As has been seen over the last few years, the total number of charges continued to decline –72,675 in 2019 as opposed...more
The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay...more
1/13/2020
/ Compensation & Benefits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
New Rules ,
Over-Time ,
Rate of Pay ,
Wage and Hour
Here’s to hoping all our readers have a great New Year’s, but do not forget that the Department of Labor’s Wage and Hour Division is changing the threshold amount of salary necessary to meet the numerous overtime exemptions....more
One of the essential factors for plaintiffs in discrimination cases can be showing that they were treated differently than a similarly situated co-worker — the inference being that they were treated differently because of...more
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more
11/1/2019
/ ADEA ,
Age Discrimination ,
Appeals ,
Dismissals ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Failure to Investigate ,
Hiring & Firing ,
Summary Judgment
Yesterday, the Department of Labor’s Wage and Hour Division issued a final rule regarding the threshold amount of salary necessary to exempt an employer from the obligation to pay overtime. The threshold since 2004 was $455...more
9/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of...more
9/5/2019
/ Appeals ,
Corporate Counsel ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Over-Time ,
Summary Judgment ,
Unpaid Overtime ,
Wage and Hour