On April 15, the Centers for Disease Control and Prevention (CDC) announced that its Mask Order (requiring face masks on planes into and within the United States) would continue to allow the CDC time to assess the potential impact of the rise of COVID-19 cases. Yesterday, however, a Florida federal…
The Employer Handbook Blog
176,193 reasons to be careful when trying to limit employee overtime
Last week, I read this press release from the U.S. Department of Labor’s Wage and Hour Division announcing a six-figure recovery from an employer that “illegally placed a cap on overtime at 16 hours per pay period and paid any overtime beyond 16 hours at straight time rates, a violation…
Yes, a man can have an (un)equal pay claim too. So how can a company defend itself?
The Equal Pay Act (EPA) prohibits employers from discriminating against an employee based on sex by paying lower wages than are paid to employees of the opposite sex for performing equal work. We usually see women assert EPA claims. But men can have them too. For example, in this case,…
Why did this company seemingly offer FMLA leave to an employee it planned to fire?
Last night, I went through my Google Drive of older cases about which I had intended to blog but never gotten around to it. And I found this Fifth Circuit Family and Medical Leave Act decision involving a company that fired an employee two months into his leave. The issue…
2021 EEO-1 Component 1 data collection is now open
In case you somehow missed the EEOC’s big announcement – I cut the ribbon – all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria have until May 17, 2022 to submit workforce demographics, including data by race/ethnicity, sex, and job…
It’s the return of the mack, err, masks.
You can take the boy of the ’90s, but… It’s been a minute — actually, about a month and a half — since the Centers for Disease Control and Prevention (CDC) updated its COVID-19 mask guidance. The last update essentially guided most people to wear a mask based on personal…
No, this sign that your boss posted in the breakroom is NOT legal.
Image Credit: u/AMasterfulWriter on Reddit. Not even in Kentucky. Over on the r/antiwork Subreddit, a goldmine for employment law blog fodder, a Redditor posted this notice that a boss displayed in the breakroom at work and asked, “is this sign legal?” The sign reads: EFFECTIVE IMMEDIATELY, CONVERSING ABOUT WAGES (BOTH…
Attempts to form labor unions are skyrocketing, and the Labor Board’s top lawyer wants to facilitate
Many of you skip over my posts about labor unions because you view them as out of sight and mind. “My business isn’t union. I’m not concerned about it.” But that may change soon. Attempts to form labor unions are skyrocketing, and the Labor Board’s top lawyer wants to facilitate…
Even LAW FIRMS commit SIX-FIGURE wage and hour violations, apparently.
Yes, even lawyers can misclassify non-exempt employees under the Fair Labor Standards Act. What happened? According to this U.S. Department of Labor press release, a Detroit law firm paid its administrative and support staff workers a salary for all hours worked but failed to pay at least 36 workers the…
How can unionized companies accommodate employees with religious beliefs without violating a CBA?
Back in 1977, Star Wars premiered, Seattle Slew won the Triple Crown, and the Supreme Court established that employers need not reasonably accommodate religious beliefs under Title VII if inconsistent with a collective bargaining agreement. Plus, Title VII does not require an employer to discriminate against other union employees by…