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Let’s ‘Ketchup’ on Latest DOL Guidance for Tipped Employees

During the Trump administration, the U.S. Department of Labor (DOL) issued guidance governing tipped employees, providing long-awaited clarification on wage and hour issues such as (1) when nontipped employees can share in a mandatory tip pool, (2) what constitutes wrongfully “keeping” an employee’s tips, and (3) when employers may take a tip credit. The regulations […]

Navigating the Talent Tides: 9 Proactive Approaches to Workforce Optimization in 2024

The U.S. technology and professional service industries witnessed significant workforce challenges in 2023, with a continuous stream of layoffs that showed no signs of abating. These corporations grappled with various accelerating changes, including the evolution of technology, economic uncertainties, and shifts in consumer behavior. This article explores a strategic approach to managing these changes and […]

4 Tips for Employers Navigating Employment Waters in Puerto Rico

by Sylmarie Arizmendi of Arizmendi & Sanfilippo Often U.S. employers doing business in Puerto Rico assume that certain basic elements of the employment relationship are the same in Puerto Rico as they are stateside. That leads employers to expose themselves to liability because of differences in the employment laws. This article highlights four essential differences […]

Employers Take Note—Child Labor Violations Continue to Be Major DOL Focus

Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]

Disability Bias: Deaf UPS Drivers Win ADA Suit

The Ninth Circuit Court of Appeals has ruled that United Parcel Service (UPS) violated the Americans with Disabilities Act by maintaining a qualification standard that screened out deaf drivers, where the company could not show that the standard was required for business reasons.

Here’s to the Crazy Ones

I’ve been reading Walter Isaacson’s biography of Steve Jobs. It’s an interesting read because Jobs was a fascinating character. Jobs was a polarizing figure, revered by many and hated by others. But regardless of how anyone might feel about him, there’s no denying the man was a creative genius. Shortly after Jobs’ death I wrote […]

Navigating the Sometimes Tricky Terrain of Noncompete Agreements

In a competitive business environment where human talent often represents an organization’s most important asset, noncompete agreements serve as important tools to help companies safeguard their proprietary information and maintain a competitive edge. But these legal contracts, designed to prevent employees from entering into direct competition with their former employers for a specified period after […]