Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

FLSA

I’m With the Government, and I’m Here to Help

The U.S. Department of Labor (DOL) recently updated its annual statistics that reflect the volume of back wages collected through compliance audits. The figures provide a clear reminder that while the Trump administration is widely viewed as more employer-friendly than the Obama administration, enforcing the Fair Labor Standards Act (FLSA) is still front and center […]

DOL Readies for Another Try on New Overtime Rule

The U.S. Department of Labor (DOL) is on its way to issuing a new rule to determine what workers are eligible for overtime pay, and employers are expected to see a salary threshold higher than the one that’s been in place since 2004 but considerably lower than the one previously sought.

Cautionary Tale from California: Don’t Presume State Courts Will Follow Federal Guidance

The California Supreme Court recently made national headlines when it declined to follow—strictly as a matter of policy—70-year-old precedent from the U.S. Supreme Court on the Fair Labor Standards Act (FLSA) in a case interpreting the state’s comparable wage regulations. To be sure, the policy goals and judicial philosophies of California and other parts of […]

contract

Trump Campaign Case Offers Lesson on Value of Carefully Written Employment Contracts

A recent New York trial court decision demonstrates the importance of carefully drafting employment contracts. In the high-profile case, Judge Arlene P. Bluth sided with the employee in rejecting the employer’s attempt to force an employment claim into arbitration. On the surface, the case is notable because the defending party was the Trump for President […]

Interactive Process Requires More Than Just Lip Service, But When is Enough Enough?

The Americans with Disabilities Act (ADA) and similar state laws prohibit discriminating against a qualified employee or job applicant on the basis of an actual or perceived disability. The ADA requires you to engage in the interactive process with an employee who has requested an accommodation to determine if it will permit the individual to […]

Halloween Costumes at the Office: Keep It Tasteful to Avoid Spooking Employees

Although warnings about Halloween costumes at work aren’t as common as the warnings about office holiday parties, what originally starts out as amusing can quickly turn into awkward or offensive. If someone is offended when a coworker shows up at work in an inappropriate costume, you can reduce the employment-related problems if you handle the […]

Quitting is for Quitters—and It Leads to Liability

In the last several months, we’ve seen continuing coverage of the #MeToo movement as well as the disclosure of new scandals, including the controversy that embroiled CBS News and its former CEO, Les Moonves. Of course, there is much yet to be learned, but discussions of whether CBS’s problems would be “solved” when Moonves stepped […]