The U.S. Department of Labor released today a proposed rule that would require federal contractors to provide at least seven paid sick days per year to their employees. The leave could be used for the employee’s own illness,...more
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more
12/23/2015
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Job Applicants ,
NLRB ,
OSHA ,
Over-Time ,
Paternity ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
Sanctions ,
SCOTUS ,
Summary Judgment ,
Wellness Programs
You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime...more
Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the...more
The U.S. Department of Labor has announced that it will start next month enforcing the new “Home-Care” Final Rule, which prohibits third-party employers from taking advantage of the overtime exemption for certain domestic...more
On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are “employees” versus “independent contractors” under the Fair Labor Standards...more
Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the “independent contractor versus employee” issue, taking the position that most workers are actually employees within the meaning...more
Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more
7/1/2015
/ Department of Labor (DOL) ,
Due Process ,
Employee Rights ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Obergefell v. Hodges ,
Same-Sex Marriage ,
SCOTUS
Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the federal Office of Management and Budget, which means that the...more
The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the...more
While the year is still young, here are 15 New Year’s resolutions that employers may want to make:
1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more
1/8/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Anti-Harassment Policies ,
Background Checks ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Dispute Resolution ,
Email Policies ,
Employee Definition ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Severance Agreements ,
Sick Leave ,
Social Media ,
Social Media Policy ,
Staffing Agencies ,
Unions ,
Wage and Hour
More than two years after expressly declining to do so, this past Monday, President Obama signed an Executive Order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or...more
As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more
Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more
1/3/2013
/ Breastfeeding ,
Department of Labor (DOL) ,
Discrimination ,
Email ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Marital Communications Privilege ,
Melissa Nelson ,
Nelson v Knight ,
Sex Discrimination ,
Termination