S nova [CC BY-SA 3.0], via Wikimedia CommonsIs that glass half-full, or is it half-empty? Think about your answer as I provide you with some breaking news on “What You Should Know about EEOC and the Publication of the Notice of Information Collection Regarding the EEO-1.” Let’s get the bad…
Image by Wokandapix from Pixabay I don’t know much about workers’ compensation. Apart from a few standard provisions that I have in my employment settlement agreements, I know just enough about it to call a workers’ comp lawyer when I have an issue. Or, like today, I know just enough…
Image by OpenClipart-Vectors from Pixabay You know that dream? The one where the U.S. Department of Labor shows up on a Sunday to conduct a surprise wage-and-hour audit of your workplace, all the company payroll records have gone missing, and you’re in your underwear. No? Oh, me neither. But, just…
Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…
Image Credit: Photofunia.com (https://photofunia.com/results/5d750cee089f7a9b358b4594) Last week, I blogged about a situation in which two employees alleged that their former employer retaliated against them for participating in a workplace investigation. Each claimed that the close timing between the investigation and their subsequent firing confirmed that there must have been some retaliatory…
Image by kdbcms from Pixabay Yesterday, the National Labor Relations Board announced here that it wants your input — actually your lawyers will have to submit a brief — “on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature.” Specifically,…
Wolfmann [CC BY-SA 4.0], via Wikimedia CommonsWe’re two-thirds of the way through 2019, and companies continue to allocate significant portions of their legal budgets to addressing #MeToo and issues relating to sexual harassment in the workplace. This isn’t going away any time soon. Six states and one locality (NYC) have…
Image by Clker-Free-Vector-Images from Pixabay You’ve been here before. One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee. Now…
By U.S. Department of Labor – Converted from EPS version available here; there are EPS and PDF versions, Public Domain, Link Welcome to both of you. Under the Fair Labor Standards Act, an employer must pay non-exempt employees minimum wage and overtime for hours worked over 40 in a workweek.…
By National Labor Relations Board – http://www.nlrb.gov/shared_files/Press%20Announcements/2010/A-08.pdf, Public Domain, Link Just because you say that an employee is an independent contractor doesn’t make it so. Many companies have found that out the hard way when the U.S. Department of Labor comes knocking for a wage and hour audit. But, could…