Tag: compliance

EEOC’s Position on Sexual Orientation Discrimination

Yesterday we looked at how the 7th U.S. Circuit Court begrudgingly decided that banning sexual orientation discrimination isn’t guaranteed by law. Today we’ll take a look at how the EEOC looks at the same issue. EEOC’s Position The Hively court also said it was noteworthy that the U.S. Equal Employment Opportunity Commission (EEOC), which enforces […]

ERISA, FLSA, FMLA Penalties Increased by DOL Rule

By David Slaughter, JD, Senior Legal Editor Maximum penalties for violating many employment and benefits laws were increased, some of them substantially, by the U.S. Department of Labor (DOL) in a departmentwide rule published July 1 (81 Fed. Reg. 43429).

Ask the Expert: Military Leave—Paid or Unpaid?

We have an employee that just came back from military leave. He did not present orders to HR or payroll and turned in a timecard with “5 days Military Leave” written across the week he was gone. Payroll paid him for that week and deducted 40 hours of leave. The employee came back stating that […]

Is Extra FMLA Leave an ADA Accommodation?

By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]

FLSA Exemptions: Avoiding Legal Pitfalls

Yesterday we heard advice from expert Kara Shea concerning Fair Labor Standards Act (FLSA) exemptions and audits. Today, more from Shea on how to stay out of legal hot water when it comes to these tricky matters.