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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 […]
A new pilot program announced by the U.S. Department of Labor (DOL) in early March provides employers with renewed hope that the agency is changing its approach from strict regulatory enforcement to encouraging voluntary compliance and minimizing litigation. Employers, however, should proceed with caution before voluntarily disclosing possible violations of the Fair Labor Standards Act […]
by David L. Johnson Recently, a Pennsylvania YMCA stopped showing cable news shows on the TVs in its gym because they were prompting political squabbles among its members. When filtered into the diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability issues for employers. Sometimes political discussions can morph […]
Natural disasters raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not able to travel […]
In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent lawsuits involved famous singers. First, Lady Gaga had a lawsuit brought against her by her former personal assistant, Jennifer […]
By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter. This past weekend, we rolled the clocks back. And though we got an extra hour of sleep (well, you may have—I have two children under […]
by Michelle Dougherty With the recent emphasis on the Pregnancy Discrimination Act (PDA) regarding employers’ affirmative duties to pregnant employees, it is important for employers to remember that they also have obligations when employees return to work after childbirth. Specifically, under the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), employers have […]
by Kate DeForest A lesser-known provision of the Affordable Care Act (ACA) requires employers that are covered by the Fair Labor Standards Act (FLSA) to provide a private area for mothers to nurse or express breast milk during the workday. The U.S. Department of Health and Human Services (HHS) is making the requirement known with […]
by Jason R. Mau Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to […]