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Supreme Court Rules Oral FLSA Complaints Are OK

Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]

Update on FCRA: New Court Decision, New FACTA Regs

by Sam Fulkerson A new decision from the Tenth Circuit makes an important distinction about what constitutes a “consumer report” under the Fair Credit Reporting Act (FCRA). In addition, new amendments under the Fair and Accurate Credit Transactions Act (FACTA) designed to prevent identity theft amended the FCRA effective November 1, 2008. Let’s look at […]

Insights from the C-Suite

I’m Dan Oswald, president and publisher of M. Lee Smith Publishers, and the newest blogger on the Employment Law Post. My first posts appeared on the Human Resources News blog. Here’s a list of those posts. The Time for Bold Action Keeping Your Eye on the Ball Bad Economy No Excuse for Not Succeeding Keep Long-Term […]

How Entrepreneurs Use Flexibility to Attract Top Talent

We talk a lot about the importance of thinking beyond salaries and bonuses to attract top talent. Employees want to have top-notch benefits, as well as a comfortable, friendly work environment. Part of that includes flexibility, such as working from home, generous paid time off (PTO), and more.

Where New Supervisors Make Their Worst Mistakes

In yesterday’s Advisor, we covered supervisor training tips from Jonna Contacos-Sawyer and Polly Heeter Wright. Today we’ll cover more tips and take a look at a unique product just for small HR departments. Contacos-Sawyer and Wright, both with HR Consultants, Inc., of Johnstown, Pennsylvania, suggest the following outline for briefing new supervisors about compliance. They […]

Job Descriptions—The First Place the Feds Look

When "they" come to check up on you, whether they’re agency investigators or class-action-minded attorneys, the first stop is the job description. Today we’ll begin our look at three of the fed’s favorite job description checkpoints: ADA, FLSA, and discrimination. From the ADA standpoint, the most important thing the job description does is to delineate […]

Minnesota employers need to be ready for medical marijuana by July 1

by Laurie Jirak Distribution of medical marijuana in Minnesota is set to begin July 1, so employers need to understand their rights and responsibilities under the state’s new medical marijuana law. Confusion may arise because employers are subject to both federal and state laws that may impose different standards or requirements on workplace medical marijuana […]

‘But It Wasn’t a Formal Complaint …’

Many managers think they can ignore sexual harassment until there’s a formal complaint, but that’s a dangerous course. In fact, the opposite is true: Most experts recommend encouraging complaints. “Encourage complaints? Don’t I have enough to deal with without begging for more hassles?”  We hear you, but the bottom line is this: Dealing with complaints […]

Broader ban-the-box law taking effect in Philly

by Brittany E. McCabe A more far-reaching version of Philadelphia’s ban-the-box law covering all employers in the city is set to take effect March 14. On December 15, 2015, Mayor Michael Nutter signed an amended version of the city’s 2011 law that limits when employers can inquire about job applicants’ criminal background. Key changes include: […]