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With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws, which aim to protect minors’ health and safety and to avoid interfering with their education. Employers should keep in mind three major […]
Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service obligations, such as those who serve in the National Guard and military reserves, and reemploy them when the duty is over. What often isn’t […]
There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]
The Federal Arbitration Act (FAA) favors the enforcement of arbitration agreements, but employers can’t wait too long to compel arbitration. Courts often apply a contract “waiver” rule if employers sit on their rights too long (meaning the court finds a party waived its right to arbitrate if it failed to start the process soon enough). […]
On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]
Since last year’s monumental Supreme Court decision in Alston curtailing the National Collegiate Athletic Association’s (NCAA) ability to limit student athlete compensation, the landscape continues to shift in unprecedented ways. In September 2021, the National Labor Relations Board (NLRB) announced its position that certain student athletes at private institutions should be considered employees for purposes […]
In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding an employer’s ability to require workers to work overtime. Let’s hear what our team of HR experts have to say! Q: Can employees be mandated to […]
In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants using the tip credit have the extra administrative difficulties of making sure their tipped employees are being paid enough in tips to meet the […]
We visit the doctor and the optometrist once a year and our dentists at least twice a year. Why? We attend the appointments not because they’re necessarily fun but because they’re vital for maintaining good health and wellness. They provide assurance that if things aren’t so good, we have the chance to correct course. All […]
Voluntary arbitration agreements involving federal law are enforced under the Federal Arbitration Act (FAA). Section 1 of the FAA exempts certain classes of workers, however, from the enforcement of arbitration. The U.S. Supreme Court recently resolved a federal circuit court split over whether employees who load cargo for the transportation of goods are engaged in […]