EMPLOYMENT LAW

Here's your retaliation 'get out of jail free' card

07/01/2015
If you don’t know an employee has engaged in so-called protected activity, you can’t be liable for retaliation. A recent case demonstrates this.

White-collar OT threshold doubling to more than $50K

06/30/2015
The Department of Labor estimates the move will make at least five million more workers eligible for overtime pay if they work more than 40 hours in a week.

Agenda tips DOL's hand on after-hours technology and pay

06/30/2015
Tucked inside the Obama administration’s Semiannual Regulatory Agenda this spring was a Department of Labor initiative worth watching: A Wage and Hour Division effort to study how employees’ after-hours use of technology might affect wages and overtime pay.

ACA decision reaffirms employer mandate

06/29/2015
The Supreme Court’s June 25 decision in King v. Burwell did more than guarantee that Affordable Care Act subsidies are available to all qualified individuals, regardless of whether they buy health insurance through a state or federal exchange. It also reaffirmed that the ACA’s employer mandate is here to stay.

Review policies in wake of same-sex ruling

06/29/2015
The Supreme Court’s landmark decision legalizing same-sex marriage means HR departments must review company policies to root out all references to the gender of an employee’s spouse.

Are we liable for food poisoning that employee suffers while working out of town?

06/29/2015
Q. We have a question regarding our crews that work out of town and stay out for about four days. Can we be held liable if they get sick on a meal that was paid for by the company? We are thinking about paying a per diem instead to resolve this issue. If an employee is working on a road crew and takes off sick and stays in motel room, are we required to supply him the meal per diem?

What's simmering under the surface of your workplace?

06/29/2015
There's a long list of behaviors that can create a hostile, intimidating or offensive environment in the eyes of the law. Do you know everything that's on it?

Hershey Med settles with fired cancer surgeon

06/29/2015
The Penn State Hershey Medical Center has agreed to settle a lawsuit alleging that a cancer surgeon was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

From the Fox29 newsroom: Anchor loses on reverse bias

06/29/2015
A white news anchor at the Fox29 television station in Philadelphia has lost a long-simmering reverse discrimination lawsuit that began in 2007 when he was fired for using the N-word during a production meeting called to discuss a news story on the use of the racial slur in society.

Stick with same interview questions for all candidates

06/29/2015
Interviews are often critical for sorting through many apparently qualified job applicants, and it’s critical to properly handle the interview process. Be sure you treat candidates equally, asking the same interview questions of everyone.

That stinks! Don't tolerate co-worker efforts to provoke fragrance sensitivity

06/29/2015
Some employees are sensitive to various chemicals such as perfumes and other strong smells. Accom­­­­mo­­dat­­ing the problem can be difficult, but it’s necessary if the condition rises to the level of a disability.

Cross-departmental work? Remember OT rules

06/29/2015
Large employers usually have several departments, and it’s common for employees to do work in more than one. But some payroll systems may not catch it when cross-departmental work exceeds 40 hours in a week, separately recording hours worked in each department.

New FMLA forms address GINA safe harbor

06/29/2015
The U.S. Department of Labor has modified its FMLA forms to include employer safe harbor language required under the Genetic Information Nondiscrimination Act.

What rules does California mandate for employee meal breaks and rest periods?

06/26/2015
Q. I am in the process of drafting an employee handbook—specifically the section dealing with meal breaks and rest periods. What requirements or rules regarding meal and rest periods do I need to know about?

California Supreme Court to decide on waiving second lunch period

06/26/2015
The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.
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