By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...more
Employers considering layoffs or other restructurings should carefully develop a plan for evaluating and selecting employees who will be affected by the changes. In many situations, age discrimination claims become a major...more
As spring weather begins in many parts of the U.S., higher temperatures are just around the corner. Now is a good time for employers to review their response to situations involving employee exposure to high temperatures....more
Last week, the city of Seattle approved a proposal to add caste to its list of protected classifications under its antidiscrimination ordinance that applies to employment and housing. Caste is a social hierarchy system based...more
Last Sunday, the New York Times published an investigation chronicling widespread child labor law violations across the U.S. These situations primarily involve Central American immigrant minors who entered the U.S. without...more
President Biden recently announced that the national emergency relating to the COVID-19 pandemic will end on May 11, 2023. This move may result in unexpected tax issues for employers with remote workers in states where they...more
Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more
On Wednesday, in a 6-3 decision, the U.S. Supreme Court affirmed a lower court decision finding that a highly compensated employee who was paid a day rate did not qualify as exempt from the overtime requirements of the Fair...more
As discussed in last week’s EmployNews, the U.S. Supreme Court’s upcoming consideration of the standard for considering religious accommodation requests may expand employers’ obligations to agree to employee requests,...more
Last month, the Equal Employment Opportunity Commission (EEOC) held a hearing on the increasing use of artificial intelligence for the purpose of making hiring and other employment decisions. In the employment context, AI...more
In recent years, we have written extensively about the huge increases in fines and other penalties assessed by the federal Occupational Safety and Health Administration (OSHA). These fines are multiplied in situations where...more
Under the federal Equal Pay Act (EPA), employers cannot discriminate on the basis of gender against an employee who performs work substantially equal to a colleague. However, as demonstrated by a new decision from the Fourth...more
Section 662(d) of the Occupational Safety and Health Act (OSH Act) allows employees to file suit against employers seeking compliance with the Occupational Safety and Health Administration’s (OSHA) safety standards in urgent...more
Many employers faced with large potential overtime costs elect to implement the fluctuating workweek pay plan for non-exempt workers. Under Department of Labor regulations, employers can pay a guaranteed salary for all hours...more
In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more
When determining whether an employee qualifies for a minimum wage and overtime exemption under the Fair Labor Standards Act, employers often quickly rule out most of the available exemptions. For example, the executive...more
As part of the well-publicized reductions in force taking place at Twitter, former employees and their advocates have heavily criticized the severance packages the company offered. In many cases, those offers were limited to...more
Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more
As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more
These days, efforts by the federal government to mandate COVID-19 vaccinations for various groups seem like ancient history. Nevertheless, federal courts continue hearing challenges to the mandates filed by state governments,...more
During 2022, there has been a considerable uptick in labor activity, including high profile organizing efforts at Amazon, Starbucks, and other nationwide employers. Inevitably, these efforts result in claims from unions that...more
Long-time EmployNews readers know that we have repeatedly written about the changing legal standard for racial harassment claims adopted by the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more
Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more
When an employer presents a separation agreement and release to an employee out of work for medical reasons, questions sometimes arise regarding that person’s ability to understand and competently execute the document. If an...more
Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more
11/18/2022
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Oral Argument ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions