Tales of the FLSA: The case of the Complaining Manager

What can you do when your boss won't listen to you, the Manager/Director of Human Resources?

"Keep complaining," the Ninth Circuit said (not in those words). More ›

New IRS Initiative Highlights Trust Fund Tax Compliance Issues

The IRS has begun a new initiative focused on payroll tax compliance for employers, and specifically the timely deposit of withheld payroll and income taxes. Those taxes, which are withheld from an employee's paycheck and then turned over to the IRS by employers, are known as "trust fund" taxes. Employers who fail to timely submit their trust fund taxes may be subject to civil or criminal liability, as well as personal liability for those individuals who are responsible for collecting and depositing the trust fund taxes. More ›

The Threshold is Coming! The Threshold is Coming!...eventually: Final OT Exemption Rules Coming in July 2016

This blog has previously discussed the July 2015 proposed regulatory changes issued by the Department of Labor (DOL) that seek to significantly expand overtime eligibility under the Fair Labor Standards Act (FLSA) by more than doubling the salary threshold for this exemption from the current $455 a week to $970 a week. For the first time, the proposal also seeks to index the salary threshold in order to keep up with inflation, although the DOL sought input regarding the precise indexing mechanism. More ›

Federal Judge: Did Employer use Experience Requirement to "Weed Out" Older Workers? Maybe.

Mark Twain once said, “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.”

I add: “Until your employer cares. Then it matters.” More ›

EEOC Clarifies when Employers may Offer Incentives to Employee's Spouses to Provide Genetic Information

Earlier this year, this blog brought you a look at proposed rules by the Equal Employment Opportunity Commission (EEOC) that provided some guidance on how to administer a voluntary employee wellness program without running afoul of the Americans with Disabilities Act. 

Yet, one question remained open for years and was not clarified by those proposed rules — how the EEOC would handle employers offering incentives allowing them to collect certain genetic information of employees' spouses in connection with employer wellness programs. Recently proposed rules seek to clarify that issue. More ›

Amex Employment Arbitration Policy held Unlawful by NLRB

Amex Card Services Company ("Amex") operates a call center in Phoenix, AZ.  Amex required all new hires to sign an acknowledgement form acknowledging receipt and understanding of its Arbitration Policy as a condition of employment. The policy mandated final and binding arbitration to resolve all employment-related disputes. The policy also mandated that all claims subject to arbitration be submitted on an individual basis.  More ›

The EEOC's Battlecry: Cracking down hard on Religious Discrimination

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC, pictured right), the EEOC continued its charge against religious discrimination in the workplace in EEOC v. Star Transport Co., Inc.. Last week, a Northern District of Illinois jury awarded two Muslim truck drivers $240,000 finding Start Transport fired them for refusing to transport alcohol despite their religious beliefs. More ›

Facebook “Like” Protected Speech Under the NLRA

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly harmless, right? 

But what about status updates about work? Particularly those that criticize a company, supervisor, or work environment? Can your friend’s employer terminate or take recourse against him? Or does social media fall into a category of protected speech the employer cannot touch? More ›

NLRB's Marina Del Rey Decision Provides a Primer on Keeping Employees out of the Workplace After Hours

In the day and age when employees are working longer hours than ever, would an employer want to ban employees from workplace premises after their shift is over? Marina Del Rey Hospital did, and implemented a policy preventing employees from accessing the hospital "only as expressly authorized by this policy." The policy allowed "expressly authorized" entry only if the employee was visiting a patient, receiving medical treatment, or conducting hospital-related business, which included an employee's "normal duties" as directed by management.

But can the hospital lawfully do this? Yes and no. The NLRB recently said yes, an employer may prevent off-duty employees from accessing their worksite, but reprimanded the employer for doing so in an unlawful way. More ›

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees in science, technology, engineering, or mathematics (i.e., the STEM fields). The proposed rule is in response to a 2015 federal district court case that vacated the current OPT STEM regulations because of alleged procedural errors when those regulations were enacted.  The court stayed its ruling until January 2016, however, allowing the earlier regulations to remain in effect until then and giving DHS time to issue a new rule, which is exactly what they are doing. More ›