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Employment Law

DOL appeals overtime decision and injunction

12/09/2024
The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.

ADA compliance: Be prepared to prove disabled employee can’t do job

12/09/2024
Under the ADA, employers must reasonably accommodate disabled employees so they can perform the essential functions of their jobs. After unsuccessfully trying several accommodations, it may become clear that none will actually allow the employee to perform the essential functions. That changes the ADA equation.

California’s new independent contractor law suggests best classification practices

12/09/2024
There’s hope on the horizon for organizations that need to make sure they properly classify the contractors with whom they work. A new California law takes effect next month that could provide a classification best-practices model that might be applicable anywhere.

Cost of denying vaccine-related religious-accommodation request? It’s measured in millions

12/06/2024
Before Groff v. DeJoy, an employer only had to show that approving a request for a religious accommodation would have “more than a de minimis” impact on the employer. That made turning down requests easy. Not anymore.

Consider disclosing starting pay—it may be mandatory

12/06/2024
You may have noticed lately that more recruiting ads include the starting salary range the employer plans to pay. That was almost unheard of a decade ago. Credit the change to the rapid expansion of the pay-transparency movement.

Here come the new state employment laws for 2025

12/06/2024
States are emerging as prime sources of new employment-related laws. Here is a sampling of new laws scheduled to go into effect on Jan. 1, 2025, or soon after.

Start 2025 right with updated job descriptions

12/06/2024
Are all your employees performing the same tasks as when they were hired? Probably not. Job duties change all the time. Job descriptions should, too.

Use objective reasons to justify terminations

12/02/2024
Ensure that all terminations are based on solid business reasons. And be sure to carefully document why you decided to terminate, even if you don’t share the rationale with the employee.

Why you might want to track exempt workers’ time

12/02/2024
Because you must pay exempt employees their full salary in any week when they perform any work, there’s generally no need to track every hour and minute they work. But what happens if you classified the worker incorrectly and she wasn’t an exempt employee after all?

Court blocks overtime rules: Now what?

11/26/2024
What should employers do now that the overtime rule has been overturned? The good news is they won’t need to raise salaries on Jan. 1. But what about reversing the changes made in good faith back in July? Here are your options.