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Employment Law

Male culture can be factor in sex bias case

08/19/2015
If your workplace appears to be dominated by men—especially at the highest levels of the company—then that could hurt your efforts to defend against a sex discrimination lawsuit. Fortunately, all other factors being equal, it won’t be a game-changer.

NLRB McDonald’s ruling paves way to redefine ‘joint employer’

08/17/2015
A narrow procedural decision by the National Labor Relations Board may be one more sign of a coming change in the definition of “joint employer” and its effect on employers and their business partners.

Use job duties, not title, to set exempt status

08/17/2015

Here’s a reminder that job duties are what determine exempt status under the Fair Labor Standards Act. You cannot classify someone as exempt based just on job title or education. For example, requiring a college degree for jobs that really could be performed without such training and experience doesn’t magically make the employee ineligible for overtime protection.

Unless you’re a doctor, don’t try medical diagnosis

08/17/2015
A Texas company has agreed to settle a disability bias suit filed by a former employee after the EEOC accused its HR department of playing doctor in violation of the ADA.

Employers weigh in on DOL’s white-collar OT rule

08/13/2015
Comments are pouring in to the U.S. Department of Labor at a rate of more than 500 per week in advance of a Sept. 4 deadline for employers and others to register their opinions on a rule that the Obama administration says could make 5 million more white-collar workers eligible for overtime pay if they work more than 40 hours in a week.

Can a church ask about an applicant’s religious beliefs?

08/13/2015
Q. As a church employer, is it legal for us to request an applicant to state his or her religious beliefs, or to require them to be of our beliefs?

Listening to customer calls: Do we have to notify?

08/13/2015
Q. We plan to start having supervisors listen in on trainees’ phone conversations with customers. Do we have to inform the caller that we’re listening? We think the “this call may be recorded” message makes the call less authentic?

What are the legal risks of a 20% salary cut for all?

08/13/2015
Q. We have to reduce salary wages by 20%. The plan is to reduce three of the five departments to 32 hours and adjust their wages accordingly. Is this legal?

Can we circulate staff cell numbers and addresses?

08/13/2015
Q. We created an employee directory in Outlook that contains employee home numbers, cell numbers and addresses. It’s for internal use only. An employee complained. Is there any legal issue with us posting this information? Do we need to get permission from employees?

Employee or independent contractor? DOL issues new rules

08/13/2015
The U.S. Department of Labor has issued a new set of guidelines that clarify when employers can classify workers as independent contractors.