Topic: DoL

In the Workplace: Latest Need-to-Know Employment Law News

Latest I-9 forms, ADAAA rulings, NLRB developments, new state laws and federal regulations … keeping up with the myriad legal requirements of managing your employees can be challenging for the best of us. This roundup of recent employment law updates should help: The “Employee Tricked Me Into Firing Her” Defense (Cozen O’Connor): “The NLRB continues… Read more »

Heads Up: Employers Must Use New I-9 Form as of May 7, 2013

“Human resources professionals charged with overseeing I-9 form completion or retention are encouraged to study the USCIS Handbook for Employers. It contains a wealth of reference material, including detailed information on completing and retaining the I-9 form, avoiding discrimination problems, the role of third-party recruiters and use of the E-Verify system.” (Holland & Knight) Employers… Read more »

Taking on Unpaid Summer Interns? Don’t Take on a Lawsuit, Too…

“… when a complaint is made, the price of an unlawful internship can be quite high. Failure to pay wages, failure to pay minimum wage, overtime, meal and rest violations, and related penalties and attorneys’ fees and costs can add up quickly.” (Ervin Cohen & Jessup) “Summertime, and the livin’ is easy…” Unless, of course,… Read more »

[FMLA Watch] 5 Warnings for Employers

Employers and HR managers know: keeping up with changing employment regulations can be challenging. One of the biggest culprits? The ever-evolving Family and Medical Leave Act, which can create significant problems for companies that fail to respond to new rules and interpretations of the Act. The solution? Start here – heed these five FMLA warnings… Read more »

Need to Know: Several New FMLA Rules Take Effect March 8, 2013

“The U.S. Department of Labor (DOL) recently issued new Family and Medical Leave Act (FMLA) regulations that … include revisions to the required postings and optional use forms, and may require changes in your timekeeping system for tracking and calculating intermittent FMLA leave. There are additional substantive changes related to military exigency and caregiver leave,… Read more »

In The Workplace: Latest Need-to-Know Employment Law News

Keeping track of the latest developments in labor and employment law can be challenging for employers and HR managers. What to know? Health care reforms, revisions to the Family and Medical Leave Act, judicial interpretations of the Fair Labor Standards Act, to be sure. But also textual harassment, workplace investigations, internships, working interviews, and much… Read more »

New FMLA Rules Expand Leave Eligibility for Military Family Members

Earlier this month, the Department of Labor issued its final rule implementing changes to the Family and Medical Leave Act as mandated by the National Defense Authorization Act of 2010 (NDAA). The most significant revisions to the law: expansion of the conditions under which military families can take qualified FMLA leave. For your reference, here’s… Read more »

Workplace Need to Know: Latest On Wage and Hour Law

“Under Title VII, the top six most frequently challenged [employment] practices [in 2012] were discharge/constructive discharge, harassment/intimidation, terms and condition of employment, discipline, promotion, and wages. Even though the number of charges dipped, the EEOC obtained a historic amount of money from private employers through its administrative process – $365.4 million.” (Littler) According to statistics… Read more »

Workplace Issues: Latest Need-to-Know Employment Law News

Employee social media use, overtime laws, worker classification rules, workplace discrimination, union bargaining, confidentiality, H1-B visas, noncompetes, and employee handbooks … but a few of the issues in this latest roundup of commentary and analysis from labor and employment attorneys on JD Supra. For your reference: The NLRB’s Year In Numbers: FY 2012 (Franczek Radelet… Read more »

OSHA Regulatory Agenda Targets Recordkeeping Requirements, Injury Prevention, and Whistleblower Protection

In late December 2012, the Occupational Safety and Health Administration (along with other federal agencies) published its semi-annual agenda detailing the current and planned regulatory focus of the agency. For your reference, here’s a look at three key items: 1. Reporting and recordkeeping requirements: The agency is “revising list of industries that are partially exempt… Read more »

Keep Your Hands Out of the Tip Jar (and Other Celebrity Chef Lessons)

Restaurant owners and managers: sometimes the best lessons from celebrity chefs don’t happen in the kitchen. The latest comes from MasterChef Graham Elliot, who recently settled a tip pooling lawsuit with Gregory Curtis and other waiters in Elliot’s Chicago restaurant for an undisclosed amount. The waiters claimed they were forced to share tips with non-waiters,… Read more »

ERISA Fee Disclosure Rules in Place. What Now for Retirement Plan Sponsors?

New regulations requiring 401(k) plan service providers to disclose fees to plan sponsors went into effect on July 1, 2012. The burden now shifts to retirement plan sponsors, who are required both to: 1. ensure that they’ve actually received the information they need, and 2. evaluate the fees to determine whether or not they are… Read more »

Who Is Exempt From Overtime? Drug Sales Reps, For One, And Here’s Why You Should Care

On June 18, 2012, the United States Supreme Court ruled in favor of the pharmaceutical industry in a closely followed case (Christopher v. SmithKline Beecham Corp.) to do with overtime exemption for drug sales representatives.  In short, SCOTUS ruled that pharmaceutical sales reps are in fact exempt from overtime – and, according to law firm… Read more »