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Don’t Expect DOL to Let Up on Investigations in 2021

Aside from the personal and professional challenges 2020 presented (the COVID-19 pandemic, government shutdown orders, concerns about keeping employees safe, layoffs, remote working, homeschooling, and navigating the unknown), what stands out most to me in my practice—and had the biggest impact on my clients—was the U.S. Department of Labor’s (DOL) continued uncompromising pursuit of investigations […]

social media

How to Craft a Social Media Policy for Your Employees in 2024

These days, a social media policy isn’t just an afterthought—it’s a must. The vast majority of your employees likely engage in some type of social media usage, whether they’re constantly sharing snippets of their days on TikTok, sharing interesting articles on LinkedIn, or just occasionally checking up on their cousins on Facebook. Social media is […]

Ask the Expert: When Does FMLA Allow for Intermittent Parental Leave?

Question: If an employee takes Family Medical and Leave Act (FMLA) leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available? Answer: The FMLA has some restrictions on when an employee can take leave for birth or bonding […]

pretext

Kansas Case Shows Perils of ‘Pretext’ in Disciplinary Actions

A recent Kansas federal court decision provides a good reminder of the importance of engaging in the interactive process when you’re dealing with disability accommodation requests. The ruling also highlights the perils of “pretext” (or false excuses) when articulating nondiscriminatory reasons for disciplining an employee.

U.S. Supreme Court Clarifies That Employers Are Not Required to Meet Heightened Standard of Proof to Establish an FLSA Exemption Applies

Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D. Sales, Inc. v. Carrera, No. 23-217 (Jan. 15, 2025). In a unanimous decision, the Supreme Court clarified that employers […]