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Employer’s Reliance on Team Leaders’ Suggestions Dooms FLSA Claim

By Bonnie M. Boryca The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding […]

Leadership lessons from New England Patriots

by Dan Oswald Sunday night, the New England Patriots defeated the Atlanta Falcons in the greatest comeback in the Super Bowl’s 51-year history. None of us should have been surprised. The Patriots have had more success in this millennium than any of the other 31 teams in the NFL. Since head coach Bill Belichick and […]

Lack of Transparency Regarding Biometric Data Leads to Class Action Lawsuit

Earlier this month, a group of former Wendy’s employees filed a class action lawsuit in a Cook County, Illinois, court against the fast food chain regarding the handling of personally identifiable information. The class, led by Martinique Owens and Amelia Garcia, asserted that the company has broken the Illinois Biometric Information Privacy Act (BIPA) by […]

Whistleblower

Do Whistleblower Protections Apply if Only Internal Policies are Violated?

Free governments across history have encouraged people to come forward when they see the law being violated. The United States is no different. Most states, including New Hampshire, have a statute affording certain protections to people who report wrongdoing, with such individuals normally referred to as “whistleblowers.” The basic idea behind all of these statutes […]

leadership

ADA interactive process: When does your obligation to engage begin?

by Susan Hartmus Hiser Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed […]

When You Should NOT Negotiate and Other Expert Tips

McCabe, who is professor of management at the McDonough School of Business, Georgetown University, offered his negotiating tips at the BLR® HR Strategic Summit, held recently in Scottsdale, Arizona. When NOT to Negotiate When you have not done your research or are ill-prepared When there is a locus-of-authority issue—that is, when the other party sitting […]

furlough

Do You Have to Ignore Misconduct Uncovered During FMLA Leave?

By Kate McGovern Tornone, Editor It’s an easy scenario to imagine: an employee goes out on leave and, when another employee takes on his work, she discovers performance deficiencies and maybe even misconduct. Is the employee’s job protected just because he is out on “job-protected” leave?

health

CDHP 101

What is a Consumer Directed Health Plan (CDHP)? And how does a CDHP impact employers?