Federal law still considers marijuana illegal, and it is exempt from positive drug-testing protection under the ADA.  For many years, arbitrators and courts allowed employers to terminate employees who tested positive for marijuana, even in medical marijuana situations.  Since 2017, however, the situation has become more confusing. Courts in at...

Joint Employment

| May 2019
On April 1, 2019, DOL published a third proposal rule over two weeks, this one dealing with joint employment.  The Fair Labor Standards Act (FLSA) allows joint employer situations where an employer and a joint employer are jointly responsible for the employee's wages.  This is a major issue for companies that could be potentially liable for wage...

Regular Rate

| May 2019
On March 28, 2019, DOL announced a proposed rule to clarify and update the regulations governing the "regular rate" on which overtime is computed.   Under current rules, employers are discouraged from offering more perks to their employees as it may be unclear whether those perks must be included in the calculation of an employees' regular rate ...
The Department of Labor (DOL), on March 7, 2019, published its proposed "white collar" overtime exemption regulations, raising the previously required $23,660.00 annualized salary to $35,308.00.  Employers may still satisfy up to 10% of the minimum required salary by the payment of nondiscretionary bonuses, incentives and commissions, as long as the ...
In 2016, the EEOC mandated that a significant amount of pay data be submitted by employers with their EEO-1 annual reports.  The new report form required employers to enumerate employee demographics by pay-band - the various pay bands and persons in those bands would be summarized by race, sex and national origin.  In 2017, the Trump Administra...

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