Tag: FLSA

Parental Leave Now Mandated Under Military Exigency FMLA

The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor on BLR’s human resources team. Clarifies that, for the purposes of leave for childcare and school activities, the child must be the military member’s child or a child for whom the military member stands in loco […]

Can We Hire a Foreign Exchange Student as an Intern?

We are an accounting firm that frequently hires area college students to intern for short periods throughout the year. We recently received a few outstanding applications from foreign students attending the local college.  Can we hire foreign students as interns? The short answer is that yes, foreign students are eligible for paid employment off campus, […]

FMLA: DOL Throws Surprise Birthday Party—Final Regs Issued

Just what we were hoping for—more complicated regulations. The Final Rule, says Schoenfeld, which addresses family military leave and airline flight crew rules, will change the way in which covered employers administer family leave for servicemember caregivers and employees with family members in the military. Schoenfeld is a Senior Legal Editor on BLR’s human resources […]

Public-sector Employers Face Additional FLSA Classification Risks

Local governments and municipalities face many of the same wage and hour challenges as other employers, but they must deal with unique issues that could subject them to litigation if they aren’t fully up-to-speed on their compliance obligations. One tricky issue involves the proper classification of all workers — whether they fall under one of […]

Train Employees to Use the Internet Securely

The “2012 NCSA/Symantec National Small Business Study” (www.staysafeonline.org/stay-safe-online/resources) was conducted by the National Cyber Security Alliance (NCSA) and Symantec. The study found that 87 percent of small businesses have at least one employee who uses the Internet daily. In addition, 70 percent of owners/operators of small- and medium-sized businesses (SMBs) in the United States indicated […]

Here Comes EEOC 2013—Charges, Investigations, and Claims

Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report. During FY 2012, the Commission again received nearly 100,000 charges, with the past 3 years involving a record number of charges in the Commission’s 47-year history. Since FY 2006, there […]

Littler’s EEOC Activity Report—No Relief for Employers

Why Pay Is an Easy-to-Litigate Issue Harassment (“He made me uncomfortable”) is vague and often tough to prove, and discrimination (“You didn’t hire me because I am a member of a protected class”) is also hard to prove. But with pay issues —it’s there in dollars and cents for the agency rep or a jury […]

Can You Transfer Employees on FMLA? Yes … Sometimes

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. Transferring Employees on Intermittent Leave or Reduced-Schedule Leave There are only two situations in which employers may transfer employees to another job that better accommodates their new intermittent schedule, […]

Intermittent/Reduced FMLA Calculations for Dummies

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. Two Keys to Leave Calculations Alexis says that there are just two questions to answer in order to calculate intermittent or reduced-schedule FMLA leave. What is the employee’s regular […]

Court Questions Horton Decision in Light of D.C. Circuit Ruling

Properly executed arbitration agreements can prohibit employees from bringing Fair Labor Standards Act collective actions in some federal courts. This is despite a National Labor Relations Board decision holding that mandatory arbitration for employment disputes violates the National Labor Relations Act, a federal district court has ruled. In doing so, the court joined other courts […]