Labor/Employment

Department of Labor Final Rule Changes Overtime Regulations

Dramatically Expanding Who is Entitled to Overtime Pay

On May 18, 2016, the Department of Labor’s Wage and Hour Division announced the upcoming publication (on May 23, 2016) of a Final Rule intended to update and modernize the regulations governing the exemption of executive, administrative and professional employees from the overtime pay protections of the Federal Fair Labor Standards Act (FLSA).  Among other things, this...

The NLRB's "Quickie Election" Rules

The National Labor Relations Board (NLRB) recently modified its union election rules and these changes went into effect on April 14, 2015.  Commonly referred to as the “quickie election rules,” the new procedures increase administrative burdens for employers and speed up the election process.  The bottom line is that employers will have less time to conduct an effective communications program and tackle important issues during a union election.    

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EEOC Issues Sweeping New Pregnancy Discrimination Enforcement Guidance

On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) issued new and controversial Enforcement Guidance on the subject of pregnancy discrimination.  The text of the EEOC’s Enforcement Guidance is available at: http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm.  This sweeping new Guidance, the first guidance for employers on the subject issued by the EEOC since...

PWW Article - Limit Your Liability for Sexual Harassment Claims

The costs of sexual harassment can be very high. What are the financial costs? Attorneys fees to defend a case to trial can run from $50,000-$100,000 for one thing by the time it's all over. Under Title VII of the Civil Rights Act of 1964, plaintiffs are now entitled to compensatory (“pain and suffering”) damages, punitive damages, in addition to back pay and front pay awards. Plus, the law requires that the employer pay the attorneys fees of the plaintiff if the plaintiff prevails at trial...

Under Proposed ACA Regulations Volunteers Could be “Employees”

The Affordable Care Act (ACA) is aimed at getting tens of millions of uninsured Americans into the health insurance marketplace, and there are a number of ways the law goes about doing that.  One major initiative, the “employer mandate,” requires employers with at least 50 full-time employees (including full-time equivalent employees) to offer health insurance to all employees that work at least 30 hours per week and their dependents.  Employees that work at least 30 hours per week are...