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Employment Law

Be on the lookout! Class-action participants may decide to file individual suits, too

07/12/2017
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.

Employees and contractors do same work? Be prepared to justify classifications

07/12/2017
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.

Several great candidates is a good problem!

07/12/2017
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.

Tell bosses not to gloss over performance deficiencies

07/12/2017
Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

OK to discipline even after worker complains

07/12/2017
Some employees may not realize it, but filing an internal discrimination or harassment complaint doesn’t create immunity to legitimate, unrelated discipline.

Discipline ASAP if boss targets older workers

07/12/2017
It happens all too often: A bully boss yells, berates, pushes and prods older employees more than other staff members. The 9th Circuit Court of Appeals has concluded that resigning under such circumstances is a reasonable response and amounts to a constructive discharge.

Administration begins new OT rules process

07/11/2017
A “request for information” issued June 27 by the U.S. Department of Labor marks the first step in what could be many more months of wrangling over how much white-collar workers must earn before they’re no longer eligible for overtime pay.

Cost of misguided English-only rule: $50,000

07/06/2017
Most “English-only” policies violate Title VII of the Civil Rights Act. They are not strictly unlawful, but courts and the EEOC have regularly ruled that employers must be able to demonstrate a legitimate business reason for having such a policy.

Labor Dept. to resume issuing opinion letters

07/06/2017
Secretary of Labor Alex Acosta is making good on a promise he made during confirmation hearings earlier this year: The U.S. Department of Labor is bringing back opinion letters explaining how it interprets the laws it enforces, most notably the Fair Labor Standards Act.