The National Labor Relations Act (NLRA’s), primary mission is to safeguard the rights of employees with the goal of helping to curb labor and management practices that negatively impact staff. Protections span across the spectrum of benefit, pay, workplace retaliation and discrimination issues. A new bill has been proposed that would amend this act and […]
Why It Is Important to Distinguish Interns From Employees – Especially In Cases of Unpaid Interns
The purpose of an internship ideally is to provide in-house training for students earning degrees or certificates in their chosen field of study. Historically, internships were not always a paid opportunity, although trends over time show that the majority of internship opportunities are now paid which is great for the student. Unfortunately for employers and […]
Employers Take Notice: Your Role In Protecting The Restroom Rights Of Transgender Workers
Recent court rulings centered on the rights of transgender workers have changed the playing field related to employer responsibilities vis-à-vis restroom access for all staff. Summary of Changes The EEOC ruled in recent cases, that equal access to restrooms is a key part of employment and that transgender employees have rights under Title VII of […]
How Does The Same Sex Marriage Ruling Affect The Employer Administration Of The FMLA?
Several weeks ago, the United States Supreme Court made a monumental decision concerning the right and legality of same-sex marriages, ruling that same-sex marriage should be legal and recognized in all states. This ruling also expanded the federal laws granting marriage rights and protections to spouses which impacts employer administration of the Family and Medical […]
What Is The Subminimum Wage?
Many employers believe that the minimum wage is the lowest hourly rate that can be paid to a worker; however, the Fair Labor Standards Act (FLSA) also allows an employer to pay workers what is called a subminimum wage in certain circumstances. This hourly rate is substantially lower than the federal minimum wage. The purpose […]
Must Read EEOC Trends
The Equal Employment Opportunity Commission and its Strategic Enforcement Plan did not fare well in the last couple of years. However, reasonable cause determinations were up in 2014. Furthermore, the EEOC lost a couple of major cases in court. The agency lost EEOC v. Kaplan Higher Education Corporation and EEOC v. Freeman. The first case […]
Do Employers Have the Right to Monitor Employees Through GPS Tracking? Is It an Invasion of Workplace Privacy?
One the most highly visible and hotly contested form of employee monitoring involves using GPS tracking devices on company and employee owned vehicles in situations where the employee’s job requires that the employee drive to and from various locations. According to Michael Abcarian, a lawyer with the law firm Fisher and Phillips, LLP, employers should […]
The Six Most Important Employee Documents Every Business Needs From An Employment Law Perspective
Regardless of the size or type of business, or how well the business is run, the odds are that you will eventually be faced with some type of employee lawsuit. According to Fisher and Phillips, LLC, for employers, the key to facing any type of employment litigation case is to have at the ready key […]
The Affordable Care Act and the 40 Hour Week Bill: What Employers Need To Know
Recently, the House of Representatives voted handily in favor of increasing the number of hours required to be categorized as a “full time worker” under the Affordable Care Act, (ACA) from 30 to 40 hours per week. The distinction is important, because the ACA requires employees classified as working full time hours to be provided […]
Minimum Wage and Overtime Lawsuits Increase – What Is An Employer To Do?
Overtime and minimum wage lawsuits continue to increase as more employees claim violations against the wage and hour provisions of the Fair Labor Standards Act (FLSA). According to ADP Research Institute, 90% of employment related lawsuits involve disputes involve wage and hour related issues. The report highlighted the top employee claims against employers: Employees who […]
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