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2nd Circuit Mandates Supervision over FLSA Private Settlements

By Zachary D. Morahan, JD Most employers and their legal counsel are used to settling wage and hour claims in a simple and straightforward manner. Other than an agreement containing the appropriate terms and conditions, not much more was needed to settle such a claim before litigation began. With the exception of getting a case […]

Overtime Exemption: It’s What You Do, Not What They Call You

By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed a district court’s decision that an employee wasn’t exempt from overtime pay under the Fair Labor Standards Act (FLSA) because her primary duties weren’t related to […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Who’s Entitled To Overtime: New Case Examines Duties That Qualify For Administrative Exemption; 4-Point Compliance Checklist

Figuring out whether an administrative employee is exempt from overtime can be a challenge. But as a recent California Court of Appeal ruling highlights, the consequences for misclassifying employees can be staggering. We’ll provide guidelines you can use to help ensure that your workers are classified correctly.

Disciplinary Meetings: New Ruling Sheds Light on When Employees Are Entitled to Union Representation

A union worker is about to be called into a monthly performance meeting. He asks if he needs union representation, and you say no. Then, because of something that occurs during the meeting, you terminate him. Were you wrong not to put off the meeting until he had representation? We’ll review a recent National Labor […]

Survey Says: Dramatic Increase in Benefits for Part-Timers

By Stephen Bruce, PhD, PHR Just My E-pinion Our recent survey Benefits for Part-Time Employees indicates a dramatic increase in the number of organizations that offer benefits to part-time employees. In addition, 28 percent of respondents report an increase in the number of part-time employees. Looks like part-time work is coming of age. Nearly all […]

Travel and Relo—Critical or Cuttable? Your Responses

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Travel is critical for conducting business, or is it? We surveyed our readers to see what they have done with their travel and relocation budgets during the economic crunch. We found, for example, that two thirds of respondents have reduced travel, and half […]

Agency proposes clearinghouse for commercial driver drug tests

by Charles S. Plumb The U.S. Department of Transportation (DOT) has proposed a new rule that would create a database of commercial drivers’ drug test histories, making it easier for employers to find a job candidate’s past drug test results. The comment period is open until April 21. Under the current rules, employers that hire […]