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Is $95K PowerPoint Preparer Exempt from Overtime?

“Artistic” exemption? Is an employee who earns $95,000 preparing PowerPoint® presentations for very high-level financial presentations exempt from overtime under the Fair Labor Standards Act (FLSA) “artistic exemption”? “Probably not,” in the opinion of Attorney Myron Moye, speaking at the BLR® National Employment Law Update running this Monday through Wednesday (October 19-21) in Las Vegas. […]

You Must Be Diligent About Accommodating Disabilities—Every Single Day

A California court recently ruled that an employer’s failure to accommodate an employee’s disability on one single day, even though the employee had been appropriately accommodated for months before that, can still result in employer liability. The employer dropped the ball, the court said, by failing to notify all managers of the employee’s accommodation needs. […]

Are We Saying Bye-Bye to the Holiday Cash Bonus?

Bonus programs are changing. Some offer alternatives to cash, and others tie the cash to preset individual or team goals. If your employees are popping their heads in and out of their doorways this week, glancing down the corridor with an expectant look on their faces, it’s understandable. They’re waiting to catch sight of their […]

Where There’s Smoke, People Are Getting Fired

To improve health and cut costs, a large corporation has begun firing smokers. But two attorneys are suggesting a better way. January is traditionally a month in which people resolve to change their habits. Those who overeat try to diet. Those who disdain exercise suddenly discover the corner gym. And those who smoke …well, if […]

Working late at the office

What message are you sending about what is important?

Two of my colleagues forwarded me a recent New York Times article about the temptation of managers to reward employees who work long hours instead of those who produce results. Maybe they were trying to send me a not-so-subtle message! The article cited a study published in 2010 in which researchers found that employees who […]

Got a Task That, Well, You Know…? Automate It!

By Holly K. Jones, JD, Senior Legal Editor When the Roomba first hit the market it was one of those mythical things, to me—like hoverboards and self-driving cars and same-day Amazon delivery—about which I could only dream. But as the prices became more reasonable and the devices more sophisticated, I decided that, as a person […]

Health Plan Developments: Mental Health Parity, GINA, and Health Risk Assessments

By Michelle Sullivan, Holland & Hart LLP Kathleen Sebelius, U.S. Department of Health and Human Services (HHS) secretary, issued a statement on October 2 indicating that employers awaiting guidance before implementing changes to medical plans required by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 should not expect […]

‘Worker centers’ thriving in the absence of unions

by W. Scott McLellan I’m based in Austin, and as you may know, Texas is not exactly a hotbed of traditional labor unions. Unlike employers in other parts of the country, Texas employers have long enjoyed a degree of flexibility in operations and employee relations that unions can prevent. However, that flexibility can lead to […]