White House Seeks an Increase in the Minimum Guaranteed Salary of Exempt Workers
3/17/14
By: Brad Adler
You may already know about the President’s push to increase the federal minimum wage from $7.25 to $10.10, but it may come as a surprise that the White House is now seeking an increase for even exempt …
President Obama to Seek Expansion of Overtime Pay
3/12/14
By: David Cole
In an article this morning, the New York Times is reporting that President Obama will direct the Department of Labor (“DOL”) to revise its regulations enforcing the Fair Labor Standards Act (“FLSA”) to increase the number of …
Do Not Pass Go Until You Prove Damages: Medical Inquiry Claims
3/12/14
By: Jennifer Miller
The United States Court of Appeals for the Eleventh Circuit recently ruled that in order for an employee to state a claim under a provision of ADA, which generally prohibits employers from making medical inquiries, the employee …
Internships Can Be Costly For Employers
2/20/14
By: Joyce Mocek
Last week, an unpaid intern that worked for fashion house Alexander McQueen sued the British fashion label alleging that she should have been paid at least minimum wage during her four month internship. Unpaid internships have …
Federal Contractors to See Increase in Minimum Wage
2/4/14
By: Frank Hupfl
For those that tuned in to President Obama’s State of the Union Address Tuesday night, you likely heard the President’s promise for a “year of action.” Looking to circumvent the congressional deadlock that has come to define …
NLRB ABANDONS NOTICE POSTING REQUIREMENT
1/14/14
By: Jonathan Kandel
The National Labor Relations Board (NLRB) has given up on its attempt to require every employer to post notices regarding employee rights under the National Labor Relations Act (NLRA). As previously reported on this blog, the NLRB’s …
Minimum Wage To Rise In 13 States On January 1, 2014
12/31/13
By: Brad Adler
While you are munching on leftovers and watching bowl games, business owners should not forget that the minimum wage will rise in 13 states starting January 1, 2014. Most states are increasing minimum wage by just a …
Seventh Circuit Allows EEOC Free Reign in Conciliation Efforts
12/31/13
By: Amanda Cash
On December 20, 2013, in EEOC v. Mach Mining, LLC, — F.3d —-, 2013 WL 6698515 (7th Cir. 2013), the Seventh Circuit dealt a blow to employers seeking dismissal of Title VII discrimination suits filed by …
Blow to Public Employers: Georgia Supreme Court Expands State Whistleblower Law
11/26/13
By: Amanda Cash
Previously, Georgia’s whistleblower statute prohibited retaliation against public employees who complained or made disclosures about “fraud, waste, or abuse” in government operations or programs. Based on this limited definition, public employers were able to defend against such …
Here Is A Tip For Restaurants – You May Be Able To Include Non-Tipped Employees In Your Tip Pool
11/20/13
By: Brad Adler
In April 2011, the United States Department of Labor issued new tip credit regulations. Among other things, the DOL concluded that tips are the property of the employee and that an employer may never keep any part …
Easy Ways to Avoid A “Sack”: Adding Anti-Harassment Policies to Your Playbook
11/7/13
By: Jennifer Miller
The sports world is abuzz with news that Richie Incognito allegedly bullied his fellow Dolphins teammate Jonathan Martin. According to some reports, Martin received “threatening, racially-charged texts and voicemails” from Incognito.
Stories like this should remind …
U.S. Senate May Pass Legislation That Would Prohibit Employment Discrimination On The Basis Of Sexual Orientation And Gender Identity
11/6/13
By: Bill Buechner
Democrats in Congress are making a strong push to pass the Employment Non-Discrimination Act (“ENDA”), which would prohibit employment discrimination on the basis of sexual orientation and gender identity. ENDA was introduced in the Senate as S.815 …