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Employment Law

Beware overtime issues when calculating FMLA eligibility

10/17/2016
When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.

Custodial aide cleans up after equal pay complaint

10/17/2016
The Montevideo, Minn. School District has settled an equal pay discrimination suit with the EEOC for $50,000.

Motor Carrier Act limits OT for interstate truckers

10/17/2016
Generally, truck drivers who engage in interstate commerce are covered by the Motor Carrier Act rather than the Fair Labor Standards Act as far as compensation and working conditions are concerned.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Union accepted practice? That kills FLSA claim

10/17/2016
In a rare case showing that there may be some benefit to having a unionized workplace, a court has refused to consider whether employees should be paid for time spent putting on and taking off protective clothing.

Harassment investigations: What to ask

10/14/2016
When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.

Employment law in the news for New York employers

10/12/2016
A recent ruling from the National Labor Relations Board will affect New York colleges and universities. New state regulations will affect all employers that use paycards to pay their employees.

NYC beauty supply stores must make up back wages

10/12/2016
Three New York City beauty supply companies have agreed to pay $218,000 to 16 employees who the Department of Labor determined were cheated out of overtime pay.

Allegations of discrimination? Consider transfer

10/12/2016
Sometimes, the best thing an employ-er can do is to offer a transfer to an employee who has complained about alleged discriminatory conduct.

Return from FMLA leave: Spell out requirements for fitness-for-duty certification in advance

10/12/2016
If you intend to require an employee taking FMLA leave to provide a fitness-for-duty certificate on return, you must make that clear up front when he first requests leave.