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As the implications of using social media in the workplace continue to loom large, not surprisingly, how such use affects information-gathering in employment law cases is gaining attention. Among the questions raised: In an employment-law dispute, can an employer subpoena an employee’s Facebook account as part of its evidence gathering? Yes, but with restrictions. Employers […]
The U.S. Department of Labor is abandoning its plan to limit when children under the age of 16 can work on farms. The plan, proposed in the fall, limited the Fair Labor Standards Act’s “parental exemption” and was intended to help reduce farm-related accidents. Introducing the now-defunct proposal, DOL officials said they were responding to […]
Employers with high-deductible health plans (HDHPs) that make it possible for employees to open health savings accounts (HSAs) have plenty of lead time to prepare for 2013. The IRS on April 27 issued Revenue Procedure (Rev. Proc.) 2012-26, which contains the HSA and HDHP limits for calendar year 2013. The HSA annual limits and the […]
Some business-related lodging expenses incurred in the vicinity of home will be deductible, if the IRS amends the rules under Code Section 162. The agency moved to do that in rules proposed on April 25. In general, the tax Code does not allow a deduction for expenses paid or incurred for lodging when not traveling away from home. […]
A New York-based luxury nail salon apparently wasn’t very polished in contending that its illegal immigrant workers were not subject to the Fair Labor Standards Act. After a federal district court pointed out clear case law to the contrary, the salon was ordered to pay $235,920 in damages and back wages to 32 employees. The […]
The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]
West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here are West’s tips for avoiding hiring lawsuits: Use application forms Ask about felony convictions READ the completed application Look for and ask about gaps in employment, missing information Check references […]
Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]
As spring rolls in, muddy cars are a frequent occurrence, and car washes typically see increased patronage in the spring and summer months — which means longer hours for car wash employees. However, those employees are still entitled to overtime pay (and other legal protections) when high demand means increased work hours. Recently, car washes […]
In yesterday’s Advisor, attorney Christine V. Walters offered tips on legal dangers associated with volunteers, interns, and independent contractors. Today, more of her tips, plus an introduction to the 50×50, a unique guide to 50 employment laws in 50 states.< Walters, who is a consultant with the FiveL Company in Westminster, MD, gave her recommendations […]