Employment Law

Manage religious exceptions to the vaccine

08/19/2021

The EEOC has clearly said it’s legal for employers to require covid-19 vaccinations. But the agency also said employers must offer accommodations to employees who cannot get the vaccine for disability-related reasons or due to “sincerely held” religious beliefs or practices, as long as the accommodation does not impose an “undue hardship” on the organization.

Ask attorney: Does state law supersede FLSA?

08/19/2021

The Supreme Court’s 2014 decision in Integrity Staffing Solutions v. Busk, that time employees spend in a security-check line after work doesn’t count as time worked under the federal Fair Labor Standards Act, did not create a foolproof safe harbor for employers. The Pennsylvania Supreme Court just ruled that state wage-and-hour law did require Integrity Staffing to pay for screening time.

NLRB agenda: Overturn Trump-era decisions favoring employers

08/17/2021

Less than a month into her term as the National Labor Relations Board’s general counsel, Jennifer Abruzzo wasted no time putting her stamp on the board’s agenda. Abruzzo moved into her new office on July 22. On Aug. 12, she issued an advisory memo that signals a likely effort to reverse many of the NLRB’s Trump-era decisions.

Apply leave policy equally to all employees

08/13/2021

You probably have a well-defined leave policy that gives employees time off for vacations, illness and tending to personal business. Whether you provide separate pots of leave or lump it all into paid and unpaid time off, your leave policy must treat all employees equally.

Transfer accused harasser, not alleged victim

08/13/2021

When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Infrastructure legislation notable for what’s not in it

08/10/2021

The massive infrastructure bill moving through the U.S. Senate would provide $1.2 trillion to build and repair roads, bridges and tunnels; modernize the nation’s utilities; expand broadband coverage; and address climate change. One thing it won’t do: Advance the Protecting the Right to Organize Act.

It’s official: DOL pulls plug on joint employer, contractor regs

08/03/2021

The Department of Labor has officially rescinded two Trump administration regulations that would have redefined joint employment and the distinction between employees and independent contractors.

DOL plans to explore raising exempt overtime threshold again

08/03/2021

The Department of Labor has confirmed it is reviewing the exemptions of executive, administrative and professional employees from the overtime requirements of the Fair Labor Standards Act.

Long covid may be an ADA-covered disability

08/02/2021

Some people suffer for months with brain fog, joint and muscle pain, difficulty breathing, being unable to smell or taste and any number of other conditions.

Manage FLSA basics: minimum wage and OT

07/29/2021

Managing a restaurant is tough these days. Staffing is next to impossible. Wages are rising. New covid-19 safety rules have added layers of extra costs. Those are just the new complications. But all the old requirements remain, too, such as complying with the wage-deduction and overtime rules covered by the Fair Labor Standards Act.