Practical HR Tips, News & Advice. Updated Daily.
The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As a result, certain employers will now be mandated to participate in collective bargaining and can be found liable for unfair […]
The ability to pump breast milk in the workplace is protected by the Fair Labor Standards Act (FLSA). In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and space requirements to pump breast milk at work. The […]
In an earlier post, I reviewed the basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. But, matters involving FMLA leave can quickly become complicated, especially in regards to the implementation of intermittent FMLA leave. Managing intermittent FMLA leave creates […]
Employer interests are sounding off against the U.S. Department of Labor’s (DOL) proposal for a dramatic increase in the overtime threshold, but employers are still advised to take a close look at their exempt workforce to make sure their status is justified. The DOL released its long-awaited proposed rule on August 30. If finalized, the […]
On August 8, 2023, the U.S. Department of Labor (DOL) issued new regulations addressing prevailing wage requirements under the Davis-Bacon Act (DBA). The final rule alters how the DOL will calculate the prevailing wage applicable to a given classification and makes additional significant changes to the DBA regulatory scheme. 50% Rule Replaced by 50%/30% Rule Under […]
The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is obtained by filing an application through the […]
Summertime brings warm weather, planned vacations, and a number of state and federally recognized holidays. While long holiday weekends are often a time for celebration, cookouts, and a break from the typical 9-to-5, they also play an important role in calculating Family and Medical Leave Act (FMLA) leave. Recently, the U.S. Department of Labor (DOL) […]
As summer heats up, employers in the Southwest should keep a close eye on how heat affects their workforce. Heat-related illness is a hot topic for the federal Occupational Safety and Health Administration (OSHA) as well as state OSHA plans. Recently, an unusual settlement involved the Department of Labor (DOL) and OSHA over several heat […]
When determining how to compensate nonexempt employees, employers have a variety of options. Paying an hourly rate is certainly the most common, but other methods include salary, commissions, daily rates, and piece-rate pay (sometimes referred to as piece work). Piece-rate pay refers to a system in which employees are paid a fixed amount per item […]
A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in Asheville found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure […]