It may soon be easier for employees to find private legal representation after the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) declines to pursue their Fair Labor Standards Act (FLSA) or Family and Medical Leave Act (FMLA) claims. This is thanks to a new collaboration between the WHD and the American Bar […]
Confused about family leave certifications in California? If so, you’re not alone—they regularly trip up even the most experienced HR professionals. Read on for a quick rundown of what you need to know.
As more and more employers get slapped with wage and hour lawsuits that often challenge exempt classification, it’s becoming critical for employers to take a close look at their own operations and policies to determine what they can do to keep from becoming the next target. Below are some audit tips from attorney Kurt A. […]
In 1945, Congress declared the first week in October “National Employ the Physically Handicapped Week.” In 1962, the word “physically” was removed in acknowledgment of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and changed the name to “National Disability Employment Awareness Month” (NDEAM). This year, the Office […]
What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations. But for many employment law […]
by Joseph C. Pettygrove Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and […]
Today the U.S. Department of Labor (DOL) hosted a live webcast interview with Labor Secretary Hilda Solis and AFL-CIO President Richard Trumka. During the webcast, both parties made the case for the necessity of comprehensive immigration reform, decrying individual state movements such as the controversial immigration law in Arizona as a means for racial profiling […]
by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]
“FMLA was one of my favorite statutes when I was a plaintiffs’ lawyer,” says attorney Tam Yelling. The law had a great intent, she adds, but it confuses employers.
The feds estimate that 70 percent of employers are not in compliance with the federal Fair Labor Standards Act (FLSA). “That’s a gross understatement,” says William J. Anthony, Esq. He suspects that it’s more like 95 percent that are not in compliance with either federal or state laws on wage and hour matters.