Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other typically tipped employees.
TLDR: never.
Last week, the Supreme Court clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA)
Spoiler alert: it’s not as tough as some courts thought. Continue reading
This week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave programs.
I’ll break it down for you. Continue reading
The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground goalpost; cropped part of sky to match aspect ratio of side-by-side image in the Philadelphia article’s montage-style infobox; removed large ad at far side of field by cloning., CC BY-SA 3.0, via Wikimedia Commons
According to a NY Post report, an Eagles fan was caught in a video crudely insulting a female Packers fan at Sunday’s playoff game between the two teams at Lincoln Financial Field in Philadelphia, PA. Within a few days, that fan—who worked in a DEI-focused consulting role—found himself without a job.
Recently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should be on every HR professional’s radar. Continue reading
In a recent decision, a federal appellate court made a strong case for employers to prioritize accommodating employees over questioning whether they qualify as disabled under the Americans with Disabilities Act (ADA). Continue reading
A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder for companies that even well-intentioned reorganizations can lead to legal challenges if not handled transparently and consistently. Continue reading
Last night, I read an Eleventh Circuit Court of Appeals decision in which the court tackled the tricky terrain of retaliatory harassment and termination claims under Title VII. The former is not something I encounter too often, and there was enough “there there” in this case to send the claim of retaliatory harassment to a jury. Continue reading
In a recent decision from the United States Court of Appeals for the Seventh Circuit involving a claim of sex discrimination in hiring, the court offered some lessons for employers that may “use their gut” to decide between two qualified candidates. Continue reading
The complexities of the interactive process in disability accommodation requests can trip up even the most experienced HR professionals, especially because no two situations are alike. However, there is an immutable rule: an employee’s voluntary withdrawal from the interactive process and failure to provide the requested medical documentation show a lack of good faith. And lack of good faith spells doom for a failure-to-accommodate claim under the Americans with Disabilities Act. Continue reading
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