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

Need hope for rest of 2022? Tear page out of Ted Lasso’s playbook

It’s easy to get caught up in the negatives of the past two years. We’re all set for the COVID-19 outbreak to be over and for life to return to normal (or something closely resembling it). We’re ready to stop worrying...

Jan 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

SCOTUS rulings have mixed impact on NY employers

In one of two rulings on January 13, 2022, the U.S. Supreme Court (SCOTUS) stayed enforcement of an Emergency Temporary Standard (ETS) promulgated by the Occupational Safety and Health Administration (OSHA) that would...

Jan 31, 2022 · Employment Law Letter · New York

Louisiana court rules on direct-threat analysis in disability case

To be a “qualified individual with a disability,” a person with a disability must be able to perform, with or without a reasonable accommodation, the essential job functions of the job she holds or desires. The law...

Major changes expand Connecticut FMLA on January 1

Perhaps the biggest change happening to the Connecticut Family and Medical Leave Act (CFMLA) in 2022 is the addition of paid family and medical leave, but other significant changes are also taking place effective January...

Jan 31, 2022 · Employment Law Letter · New England · Massachusetts

CT court reverses decision, drops Hartford probationary police officer’s bias claim

In a win for the Hartford Police Department, the Connecticut Appellate Court recently reversed a decision concluding the department had discriminated against one of its officers. Conflicting stories Khoa Phan was a...

Jan 31, 2022 · Employment Law Letter · New England · Connecticut

Oops!...Rejected again! MS Supreme Court declines to create exception

Recently, the Mississippi Supreme Court considered the issue of exceptions to Mississippi’s employment at-will doctrine. This time, Brittany Spiers (not that one!), who had been terminated from employment, sought to have...

Court of appeals rejects wrongful discharge claim

North Carolina is an employment-at-will state, although there are exceptions. Employees cannot be terminated for a reason that violates a statute or North Carolina public policy. A recent North Carolina Court of Appeals...

DOL final rule restores 80/20 standard for tipped employees

The U.S. Department of Labor (DOL) is resurrecting the so-called 80/20 rule under which an employer can take a tip credit on work that directly supports tip-producing work only if it’s less than 20 percent of all hours...

Extension of Form I-9 verification flexibilities may signal major change

Since March 20, 2020, the U.S. Department of Homeland Security (DHS) and its enforcement agency, the U.S. Immigration and Customs Enforcement (ICE), have issued changing guidance on how and when an employer may satisfy...

High drama at Rag-O-Rama: Court addresses poorly worded employment agreement

Employees are presumptively deemed to be “at-will” in virtually every state. Recently, the United States Court of Appeals for the 6th Circuit (which oversees federal courts in Kentucky, Michigan, Ohio, and Tennessee)...

Writing is on the wall for OSHA’s vaccine mandate

After the U.S. Supreme Court recently blocked the Occupational Safety and Health Administration (OSHA) from implementing a COVID-19 vaccine and testing mandate for large businesses, the matter went back to the Cincinnati...

What federal injunction against CMS vaccine mandate means for healthcare employers

A COVID-19 vaccine mandate for healthcare employers issued by the Centers for Medicare and Medicaid Services (CMS) isn’t currently in effect because of a federal district court’s preliminary injunction. Nevertheless...

If employees are stiff and stressed, exercise at work can help

With the new year, many people are enthusiastic about New Year’s resolutions, and often those intentions center on fitness and wellness goals. That may be especially true this year as the pandemic drags on. The stress...

Jan 31, 2022 · Employment Law Letter · 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

What California employers need to know about revised COVID-19 ETS

The Occupational Safety and Health Standards Board adopted the revised California Division of Occupational Safety and Health (Cal/OSHA) COVID-19 prevention emergency temporary standard (ETS) effective January 14, 2022...

Jan 30, 2022 · Employment Law Letter · California

Policy-deficient employer defeats wage and hour class certification

California employers are constantly at risk of facing potential litigation over basic timekeeping and wage and hour practices, primarily because of the complexity of the numerous applicable laws and the attorneys’ fees...

Jan 30, 2022 · Employment Law Letter · California