Tag: FLSA

The 5 Hoops—FMLA Leave over Children 18 and Older

First, the child must meet the FMLA definition of a “son or daughter.” Second, the child 18 years of age or old must be “incapable of self-care.” Third, the incapability for self care must be because of a mental or physical disability at the time FMLA leave is to commence. Fourth, the child must have […]

The 14 Qualities of Great Leaders—How Many Do You Have?

Marvin Bower joined McKinsey & Company in 1933 and served as the management consulting firm’s managing partner from 1950 to 1967. In 1997, he published a book titled The Will to Lead: Running a Business with a Network of Leaders, in which he shares his perspectives on leadership. One of Bower’s beliefs is that a […]

State Actions Reshaping Minimum Wage Debate

A wave of state minimum wage increases and proposed bills is reshaping efforts to raise the federal minimum wage. Dozens of states have taken up minimum wage bills over the last year, with five states — Connecticut, Delaware, Maryland, Minnesota and West Virginia — passing measures in the last few months. According to the National […]

Boomers Won’t Retire; My HIPOs Are Antsy

Although the economy is slowly on the mend, it’s still noticeable that many employees near or past traditional retirement age have opted to stay working longer. Often, this is to bolster a nest egg that took a hit during the recession. Sometimes, it’s because they don’t feel the desire to leave the workforce just yet, […]

Shutdowns, Furloughs and Weather Delays—Wage/Hour Minefields

Business Shutdowns and Furloughs It should be no surprise that many employers have sought creative work arrangements in order to weather bleak times without resorting to morale-killing layoffs. Furloughs, temporary shutdowns, and reduced-hour schedules are common workplace solutions. However, the intricacies of the FLSA make these solutions tricky. The salary basis test is not satisfied […]

Employee Challenges Wellness Incentive under State Wage-Hour Law

A pharmacy chain is being sued over its requirement that employees undergo a “wellness exam” or pay a $600 surcharge on their health plan contribution. The lawsuit, filed in California state court as a class action, characterizes the surcharge as an illegal “wage deduction,” and contends that employees who did take the exam should have […]

Administration Proposes Overtime Expansion, Solicits Employer Buy-in

President Obama announced a proposed rule to “modernize” and expand overtime protections for workers on March 13. The administration signaled that it would like to expand overtime protections through a U.S. Department of Labor rule change that would raise the salary threshold defining which workers are exempt from overtime and potentially evaluate some of the […]

Contingent Workforce—Who’s a ‘Temp’?

The temporary or contingent workforce is the fastest growing segment of the national workforce, with almost 75 percent of employers in all industries using them, according to a survey by CyberShift. It’s important to sort out the status of your relationship with each type of contingent worker before issues arise. For insights, we turned to […]

Temp and Other Contingent Workers—Laws Still Apply

Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]

EEOC Increases Fine for Notice Posting Failures

Beginning next month, employers can be fined $210 per incidence for failing to post notices required by federal nondiscrimination laws. The change, which raises the fine from $100 per incidence, was announced in the Federal Register Wednesday (29 C.F.R. Part 1601). It takes effect April 18. Title VII of the Civil Rights Act of 1964, […]