One of the most significant employment law risks currently facing employers are collective action lawsuits brought by current or former employees claiming they were not paid overtime. These lawsuits are often the result of misclassifying employees as salaried, exempt employees and not paying them for hours worked over 40 in a workweek. Even if an […]
Don’t Forfeit an Employee’s Exempt Status
Are you using pre-employment tests as part of the interview process?
If your company uses pre-employment tests to screen individuals in an attempt to find the best candidates during the interview process, then Target Corporation’s payment of $2,800,000 to the EEOC might catch your attention. The EEOC announced yesterday that the retail giant agreed to resolve its dispute with the EEOC over whether the test questions […]
INTERMITTENT LEAVE UNDER THE FAMILY MEDICAL LEAVE ACT
The Family Medical Leave Act (“FMLA”) provides eligible employees with up to 12 weeks of unpaid and job protected leave.[1] During the course of the FMLA leave, employees are entitled to maintain group health benefits in the same condition as if the applicable employee were not on leave. Note that where applicable, employees will still […]
DOL OFFERS GUIDANCE ON DEFINITION OF INDEPENDENT CONTRACTORS
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued guidance regarding the proper classification of workers as either employees or independent contractors for purposes of complying with the Fair Labor Standards Act (“FLSA”). The FLSA governs how people are compensated, e.g., on an hourly basis versus salaried employees. The DOL indicated that the […]
U.S. SUPREME COURT’S DECISION ON SAME-SEX MARRIAGE—IMPLICATIONS FOR TEXAS EMPLOYERS
On June 26, 2015, in the Obergefell v. Hodge, et al. case, the U.S. Supreme Court held that: (i) all states must permit marriages between same-sex couples; and (ii) all states must recognize marriages of same-sex couples performed in other states. The U.S. Supreme Court held that the right to marry is a fundamental right […]
Employer may fire employee for use of medicinal marijuana
Numerous states have authorized the use of medicinal marijuana. Several others have even permitted limited recreational use. How does this movement coincide with an employer’s “zero tolerance” policy of prohibiting drug use, whether during or after working hours? According to the Colorado Supreme Court (one of the few states that has permitted not only medicinal […]
New Overtime Rules: Changes are Coming
The Fair Labor Standards Act (FLSA) governs federal minimum wage and overtime pay. Currently, employees covered by the FLSA must be paid at least the federal minimum wage, and in most cases, overtime for all hours worked in excess of 40 in any work week. FLSA regulations also provide exemptions from federal minimum wage and […]
The U.S. Supreme Court Rules That Courts Can Review Conciliation Efforts
The Conciliation Process After an employee submits a charge complaining of discrimination, the Equal Employment Opportunity Commission (“EEOC”) investigates the matter and gathers evidence regarding the claims in question. If the EEOC determines that “reasonable cause” exists to support a claim of illegal discrimination, pursuant to Title VII of the Civil Rights Act of 1964, […]
EEOC Launches First Phase of Digital Charge System
On May 6th, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the launch of a pilot program called ACT Digital in 11 of its 53 offices, which allows for the digital transmission of documents between the EEOC and employers regarding discrimination charges. The ACT Digital pilot program is the first step in the EEOC’s move […]
Accommodating Pregnant Employees
In late March, the U.S. Supreme Court issued its ruling in Young v UPS, determining that UPS may have failed to accommodate a pregnant employee’s request for light duty work. Young worked for UPS as a driver, a position that required her to lift up to 70 pounds. After she became pregnant, Young’s doctor determined […]