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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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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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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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Supreme Court Green-Lights Mandatory Arbitration Clauses, Forestalling Class Actions: Could Be Good News For Employers

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Will a mandatory agreement to submit disputes to one-on-one arbitration, bypassing class actions, hold up in court? The Supreme Court just said “yes” in a case involving credit cards – and this could be very significant news for employers who want to ensure that disputes with employees are handled confidentially, one at a time, rather than through protrac...
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Supreme Court Clarifies And Narrows The Definition of "Supervisor"

Supreme Court Clarifies And Narrows The Definition of "Supervisor"

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In an important decision, the Supreme Court clarified who is a “supervisor” for purposes of determining an employer’s liability for workplace harassment under Title VII, greatly narrowing the position urged by the EEOC and adopted by some courts.
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Supreme Court Restricts Retaliation Claims

Supreme Court Restricts Retaliation Claims

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In University of Texas Southwestern Medical Center v. Nassar, Case No. 12-484, the U.S. Supreme Court clarified the causation standard for retaliation cases that are brought under Title VII if the Civil Rights Act of 1964. Specifically, the Supreme Court held that Title VII retaliation claims must be proved according to the principles of "but-for" causati...
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Good News For Employers Regarding Class And Collective Actions From The Supreme Court

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Two recent cases from the U. S. Supreme Court are good news for employers defending against class and collective actions under State and Federal wage and hour laws. In Genesis HealthCare Corp. v. Symczyk the Court ruled that when the claim of an individual who sued under the was extinguished, the claims of others who might be “similarly situated,” but who...
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