HR Alerts

Court challenge looms, but employers urged to prepare for new overtime rule

by Tammy Binford

Apr 30, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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Analysis

Supreme Court prepared to end ‘administrative state’

In its recent ruling on the Occupational Safety and Health Administration’s (OSHA) “vaccine mandate,” the U.S. Supreme Court signaled it was ready to remake how the federal government functions. Vaccine mandate In...

Mar 31, 2022 · Federal Employment Law Insider

USDA proposes ‘bad boy’ clauses in new acquisition regulation

Without fanfare, the U.S. Department of Agriculture (USDA) published a proposed acquisition rule that raises the prospect of government “blacklisting” of contractors. In the proposed rule, issued February 17, 2022, the...

Mar 31, 2022 · Federal Employment Law Insider

Judge reinstates Trump independent contractor rule

On March 14, 2022, U.S. District Judge Marcia Crone of the Eastern District of Texas invalidated the Biden administration’s action on and reinstated the Trump administration’s independent contractor rule. The Trump rule...

Mar 31, 2022 · Federal Employment Law Insider

#MeToo message received: Congress nixes arbitration clauses

Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/employee disputes to a private forum and outside of the courthouse. Employers are attracted to...

Mar 31, 2022 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Counting to 40 with PTO for overtime purposes in a workweek

Q Can you clarify whether we must pay employees overtime if their 40 straight-time hours include paid time off (PTO) and then they work above that 40 hours? A Starting with the basic overtime law under the Fair Labor...

FMLA-covered? Employee needs time off to get custody of granddaughter

Q An employee will need time off to attend out-of-state court hearings to request custody of her granddaughter. Would her leave fall under Family and Medical Leave Act (FMLA) protection? A If the employee is otherwise...

Can offer be pulled if job candidate won’t follow our vax-or-test policy?

Q Our COVID-19 policy calls for vaccination or testing and masking “at all times.” We made a verbal offer to a candidate for a position requiring travel to trade shows, but when she learned about our vaccine-or-test...

You can require overtime, but keep these things in mind

Q Can nonexempt employees be forced to work overtime, and what is the legal recourse if they refuse to do the extra required work? A Yes, nonexempt employees can be required to work overtime hours and be disciplined or...

4 reasons to update your employee handbook in 2022

Annual reviews of employee handbooks can help you stay ahead of the curve. Prudent employers are proactive, rather than reactive, in being prepared to deal with workplace issues. Here are four key areas of change you...

When it’s not good to be boss: individual liability under NYSHRL

Unlike Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL) provides that individual coworkers may be held liable for their own actions and inactions relative to an employee who is...

Mar 31, 2022 · Employment Law Letter · New York

It’s more than money: Court holds newly created position may be demotion

Like federal law, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) prohibit discrimination based on gender or a qualifying disability. The laws generally prohibit an adverse...

Mar 31, 2022 · Employment Law Letter · New York

Nebraska passes law limiting employers’ COVID-19 vaccine mandates

On February 25, 2022, the Nebraska Legislature passed Legislative Bill (LB) 906, which addresses COVID-19 vaccine mandates implemented by Nebraska employers. It allows certain exceptions for employees with medical or...

Determining when FMLA covers adult children

Q When does leave to care for an adult child fall under the Family and Medical Leave Act (FMLA)? A Leave to care for children over the age of 18 is FMLA qualifying if they are incapable of self-care because of a mental...

Congress invalidates forced arbitration of sexual assault/harassment claims

Who said bipartisanship was dead? In a rare display of cooperation, the U.S. House and Senate recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). President Joe...

Complying with Title VII requires prompt investigation, appropriate remedial measures

A citizen of the United Houma Nation endured repeated belittling and bullying in an unfortunate reminder that racist attitudes persist across many different races and cultures. A recent case is a reminder that employers...