Guidance on Compensation for After-Hours Work on Mobile Devices
9/1/17
By: Margot M. Parker
Of the many modern day conveniences brought to us by the rise of technology and widespread use of smartphones, one may be a double-edged sword. That is, you’re never off work. Or at least, so it …
With DOL's Overtime Rule Still in Limbo, What Should Employers Do Now?
8/31/17
By: Paul H. Derrick
As most employers know, the U.S. Department of Labor announced, during the Obama administration, that it was rolling out new standards for determining when employees are entitled to be paid overtime for all time worked beyond …
Employers Don’t Have to Report Pay Data on EEO-1 Form
8/30/17
By: Paul H. Derrick
As we previously reported, the U.S. House Appropriations Committee put the future of the Equal Employment Opportunity Commission’s revised Form EEO-1 in doubt by inserting a rider into the annual budget proposal that would prohibit the …
8/15/17
By: Robyn M. Flegal
In late June 2017, the Georgia Court of Appeals held that expressions of general safety concerns do not rise to the level of activity protected by Georgia’s Whistleblower Statute – no matter how well-founded or well-intended. …
CALIFORNIA’S NEW REGULATIONS ON TRANSGENDER EMPLOYEE PROTECTIONS
8/9/17
Effective July 1, 2017, new regulations went into place to protect transgender employees (Cal. Code Regs. §§ 11030-11034). The new regulations are intended to provide “enhanced clarity” and also lists specific types of prohibited conduct and/or …
2017 Florida Legislative Scorecard for Labor and Employment Laws
8/9/17
By: Melissa A. Santalone
In its 2017 legislative session, both houses of the Florida Legislature introduced bills on a wide array of topics that, were they to become law, would affect the interests of Florida employers in numerous ways. Over …
Many North Carolina Non-Compete Covenants Could Be in Jeopardy
8/8/17
By: Paul H. Derrick
Automatic renewal provisions are ubiquitous in employment contracts, and many such contracts include non-compete obligations that limit the extent to which an employee can use his/her knowledge and skills on behalf of a competitor in the …
HOW FAR CAN AN EMPLOYER GO IN USING APPLICANTS’ AND EMPLOYEES’ CRIMINAL HISTORY?
8/7/17
By: Rebecca J. Smith
California has not banned an employer’s ability to use the criminal history of an applicant or employee in making an employment decision adverse to the individual, however additional hurdles have been put into place for employers …
Employers Be Warned – A Single Use Of A Racial Slur Can Sustain A Workplace Harassment Claim
8/1/17
Plaintiffs, Atron Castleberry and John Brown, brought a claim against staffing agency STI Group based upon their experience after being assigned to work as general laborers for Chesapeake. They allege in their lawsuit that a supervisor, …
Lawmakers Seek to Block New EEO-1 Reporting Form
7/26/17
By: Paul H. Derrick
The U.S. House Appropriations Committee has dealt a potentially crippling blow to the future of the Equal Employment Opportunity Commission’s revised Form EEO-1. Lawmakers inserted a rider into the government’s annual funding measure that would prohibit …
DOL Invites Public Comment on Overtime Rule
7/26/17
By: Paul H. Derrick
The U.S. Department of Labor has announced that it is formally seeking public comment on the 2016 compensation revisions in the regulations defining the federal Fair Labor Standards Act’s so-called “overtime rule” or “white collar” exemptions.…
An Update on Trump’s Nominations for the NLRB and DOL
7/20/17
By: Agne Krutules
Last Thursday, President Donald Trump’s two nominees, William Emanuel and Marvin Kaplan, to fill the National Labor Relations Board (NLRB) testified before the Senate. The Senate Committee on Health, Education, Labor & Pensions also heard from Patrick …