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Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers

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Should an employer adopt an electronic I-9 system?  If so, how should an employer go about selecting an electronic I-9 software provider?
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Supreme Court Addresses Wage-Hour Collective Actions and Statistical Proof in Tyson Case

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On March 22, 2016, the U.S. Supreme Court affirmed a lower court decision which found Tyson Foods liable for a $2.9 million damage claim relating to overtime pay for time spent donning and doffing protective equipment.  The case was brought as a "collective" action under federal wage-hour laws but as a "class action" and under applicable state law.  Tyson...
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chickens, roosters

OSHA Regional Emphasis Program for Poultry Processing Facilities

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On December 3, 2015, representatives from OSHA Region 4 (Atlanta) and Region 6 (Dallas) and representatives of the poultry industry meet at Georgia Tech to discuss the Regional Emphasis Program (REP) for Poultry Processing.  Presenters included Kurt Petermeyer, the Regional Administrator for Region 4, several Deputy Regional Administrators from Regions 4 ...
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poultry farm

OSHA ALERT: OSHA Regional Emphasis Program Targets Southeastern Poultry Processing Facilities

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On October 26 and 27, 2015, OSHA's Atlanta and Dallas offices announced new regional emphasis programs focused on chicken processing facilities.  This program will affect employers in Regions 4 and 6, which cover an area stretching from the Arizona state line in the west to the eastern seaboard, as far south as Key West, and as far north as Kentucky. 
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DOL Proposes to Increase Salary Threshold for Overtime Exemption: Will It Raise Wages or Cut Hours?

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On June 30, 2015, the U.S. Department of Labor announced a notice of proposed rulemaking (NPRM) which proposes to more than double the current salary threshold for the executive, administrative, and professional (EAP) exemptions to overtime.  The proposal aims to plug a gap that some claim has caused many lower-level managers to be unfairly deprived of ov...
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NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful

NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful

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On March 18, 2015, the NLRB General Counsel (GC), Richard Griffin, issued a report attempting to reduce some of the mass confusion over the NLRB's policies concerning employer handbooks and other company policies.  The GC acknowledges most employers do not draft their policies with the object of restricting conduct protected by the labor law, but states t...
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GOVERNMENT Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real

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One of the most common (and difficult) immigration issues faced by employers occurs when an employer has accepted an employee's work authorization documents that appear genuine, but the employee later comes in and presents new identity and work authorization documents and states that the previous documents were not real.  Employers are concerned whether t...
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Supreme Court Gives Donning and Doffing Guidance

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On January 27, 2014, the U.S. Supreme Court rendered an important donning and doffing ruling in Sandifer v. United States Steel Corp. (No. 12-417). The case concerned issues of whether donning and doffing certain protective gear was compensable. The Court ruled that the time spent donning and doffing protective gear was not compensable because of Section ...
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Two women wear rainbow flags on Congress Street in Portland, Maine during the annual Pride parade

How Supreme Court Gay Marriage Ruling Affects Employers

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In a ruling issued by the U.S. Supreme Court on June 26, 2013, the Court declared unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as a legal union between a man and a woman for purposes of more than 1,000 federal laws. The majority indicated that by denying federal recognition to a marriage recognized as le...
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A Teachable Moment: What Employers Can Learn From Paula Deen’s Experience.

A Teachable Moment: What Employers Can Learn From Paula Deen’s Experience

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The national attention devoted to Paula Deen provides an excellent opportunity for employers to review their policies and procedures concerning harassment and inappropriate conduct in the workplace with all employees, but most particularly, supervisors and members of management. Supervisors and managers are the first line of an employer’s defense in the p...
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washington capital building

Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections

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On July 2, 2013, in a Treasury Department blog post, the Obama administration announced that it will postpone the effective date of several requirements imposed on employers. The administration will publish details of the relief being granted in the near future.
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