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Trump v. Sessions: Constructive discharge? ‘We’ll see what happens’

by Michele L. (Warnock) Brott Not long ago, I wrote a rather lofty theoretical analysis about the notion of “constructive discharge,” or the legally frowned-upon practice of forcing employees to quit instead of firing them. I never expected a real-life threat of constructive discharge to erupt on the national stage. But, voilà! The very public […]

Bass Pro to Pay $10.5M for Discriminatory Hiring Practices and Retaliation

Earlier today, Bass Pro Outdoor World, LLC, agreed to pay $10.5 million to settle a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) that alleged Bass Pro discriminated on the basis of race in its hiring and recruiting practices at its retail stores and then unlawfully retaliated against employees who opposed those practices.

Senate agrees to consider healthcare bill

On July 25, after much back-and-forth in the Senate and the dramatic return of Senator John McCain, who was recently diagnosed with brain cancer, the Senate agreed to open debate on legislation to repeal and replace the Affordable Care Act (ACA). With Republican Senators Susan Collins and Lisa Murkowski joining all Senate Democrats in voting […]

What's Next

DOL Seeking Feedback on Long-Debated Overtime Rule

Employers will get the opportunity to offer feedback on changes to the regulation governing which workers are eligible for overtime pay after the U.S. Department of Labor (DOL) published a Request for Information (RFI) in the Federal Register on July 26.

ACA

Senate Agrees to Consider Healthcare Bill (Update)

In the wee hours of July 27th, Senators Susan Collins, Lisa Murkowski, and John McCain—in a surprise moment of eleventh-hour drama—joined all of the Senate Democrats in voting down a so-called “skinny repeal” bill that would have permanently repealed the individual mandate, halted the employer mandate for 8 years, and made a few other relatively […]

tips

How Much ‘Side Work’ Can Employees Do and Still Be Paid Tipped Minimum Wage?

In a recent decision, Florida Federal District Judge James Moody upheld the U.S. Department of Labor’s (DOL) rule that a tipped employee may be paid a direct wage that is less than the Florida minimum wage of $8.10 per hour only if he spends no more than 20% of his time on duties that do […]

ponzi

Ponzi Scheme Involved Theft of Nearly $2 Million from Employee Benefit Plan

A multi-agency federal and state investigation has led to the guilty plea and imprisonment of Ohio businessman William M. Apostelos, who orchestrated a Ponzi scheme that included the theft of $1.9 million from an employee benefit plan. The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) and Office of Inspector General (OIG) participated in […]

Should You Hire a ‘Star’ Employee?

When you’re recruiting to fill a role, regardless of whether it is a newly created role or a newly vacated role, you always need to assess what type of employee you’re looking for. Are you looking for someone who is top of his or her game with the awards and accolades to prove it? Are […]