Question 1

Is the EEOC still active under the current administration?

Accepted Answer

Yes. The EEOC is very much alive, and charges are being filed. The agency has shown an increase in aggressive investigations and recently registered its largest public settlement in almost 20 years. (04:41)

Question 2

Do my company's anti-discrimination policies need to be updated?

Accepted Answer

&nbsp;Yes. Policies and employee handbooks should be treated as living documents and audited annually to ensure compliance with recent legal changes. (02:45)

Question 3

Can we choose a job candidate based on their qualifications without risking a discrimination lawsuit?

Accepted Answer

Yes. You can and should choose the most qualified candidate. The key is to base your decision on objective, job-related criteria like experience, skills, and work history. The law is violated when a company uses these criteria as a pretext for a decision actually based on a protected characteristic like age, race, or gender. For example, it's legal to choose a candidate with more experience. It's illegal to reject a candidate with more experience because you assume they're "too old" for the team. (10:42)

Question 4

What is the Pregnant Workers Fairness Act (PWFA), and how does it affect our company handbook?

Accepted Answer

The PWFA requires employers to provide reasonable accommodations for pregnant employees. It's critical to update your handbook to reflect that in some cases, you cannot deny an accommodation for an obvious pregnancy even without a doctor's note. The standard for accommodation has been lowered. (16:09)

Question 5

Can we fire an employee who is out on workers' compensation?

Accepted Answer

Terminating an employee on workers' compensation is legally risky. It is generally more prudent to wait until they return or have reached maximum medical improvement, unless you can prove the position would have been eliminated regardless of their injury. (42:14)

Question 6

Is it okay to put a lactation space in a bathroom?

Accepted Answer

No. Under the Pump Act, the lactation space must be a private area that is not a bathroom. (18:44)

Question 7

Does our company need to put up labor law posters?

Accepted Answer

Yes. Employers should ensure they have up-to-date and legally required posters from various agencies (e.g., EEOC, FLSA, NLRB) displayed in a conspicuous place. (40:24)

Question 8

Should a manager make a complaint for an employee who is being harassed if the employee is not willing to?

Accepted Answer

Yes. Recent EEOC guidance suggests that an individual aware of a colleague in the same protected class being harassed may have standing to bring their own harassment claim, even if they were not the direct target. Employers should take all reports of harassment seriously. (21:58)

Question 9

What is the best way to handle an employee complaint?

Accepted Answer

It is important to have clear, well-documented, and consistently followed procedures for all complaints. Training for managers and an "open door" policy help ensure employees feel heard and that their complaints are taken seriously. (24:06)

Question 10

Can I pay an employee purely on commission?

Accepted Answer

Yes, but only if they qualify for specific exemptions, such as the "outside sales" exemption. Outside salespersons do not have a salary requirement and are exempt from minimum wage and overtime laws. However, most other employees must receive at least the minimum wage. (Reference: 01:25)

Question 11

Does an inside salesperson qualify for the outside sales exemption?&nbsp;

Accepted Answer

No. If a salesperson works primarily from an office using a telephone or computer, they do not qualify as an outside salesperson. This is true even if their job duties are otherwise identical to those of a field representative. (Reference: 02:42)

Question 12

What are the requirements for the outside sales exemption?&nbsp;

Accepted Answer

The employee's primary duty must be making sales away from the employer&rsquo;s place of business. While there is no strict percentage test, they must regularly visit customers in person. Time spent in the office for follow-up work related to those outside visits generally counts toward the exemption. (Reference: 03:29)

Question 13

Can inside sales employees be exempt under the administrative exemption?

Accepted Answer

Generally, no. Courts typically rule that sales work falls under "production" (producing the results of the business) rather than "administration" (running the business). Therefore, inside salespeople are usually entitled to overtime pay. (Reference: 06:24)

Question 14

What is the Section 7(i) overtime exemption?&nbsp;

Accepted Answer

This is a specific exemption for employees of retail or service establishments. To qualify, the employee&rsquo;s regular rate of pay must exceed 1.5 times the minimum wage, and more than half of their total compensation must come from commissions. (Reference: 08:46)

Question 15

What is the difference between a commission and a piece rate?&nbsp;

Accepted Answer

A commission is usually a percentage of a sale's value or profit. A piece rate is a set payment for a unit of production, such as a flat fee per square foot of material installed. Unlike some commissioned roles, piece-rate workers are never exempt from overtime. (Reference: 12:10)

Question 16

How do I calculate overtime for a commissioned employee?&nbsp;

Accepted Answer

You must find the "regular rate" by dividing the total weekly commission by the total hours worked. You then owe the employee an additional half of that regular rate for every hour worked over 40. (Reference: 15:02)

Question 17

Do stockbrokers and financial advisors get overtime?&nbsp;

Accepted Answer

They can be entitled to overtime if they work primarily in an office and are not paid a guaranteed salary of at least $685 per week. High total earnings do not automatically make an employee exempt from overtime. (Reference: 18:56)

Question 18

Can I deduct a loan repayment from an employee&rsquo;s commission?&nbsp;

Accepted Answer

Yes, provided there is a written, voluntary agreement. However, you must be careful not to deduct from the guaranteed salary portion of an exempt employee&rsquo;s pay, as "busting" the salary can trigger a loss of the overtime exemption. (Reference: 33:10)

Question 19

Can an employer change a commission plan retroactively?&nbsp;

Accepted Answer

No. A commission plan is a contract. You can change the terms for future sales by providing written notice, but you cannot legally reduce the commission rate for sales that have already been completed. (Reference: 37:30)

Question 20

Can I withhold commissions if an employee leaves the company?

Accepted Answer

In many states, earned commissions cannot be forfeited upon termination. However, you can define in your contract that a commission is not "earned" until the company actually receives payment from the customer. (Reference: 39:15)

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