Tag: Employment law

salary

Salary Ain’t the Rule: Don’t Just Assume the Overtime Exemption Applies

I hear the incredulity from clients constantly: “Overtime? We pay our employees a salary—they aren’t eligible for overtime.” I call it the salary assumption. Unofficially, it’s the most common misconception in employment law. And it’s an understandable mistake. If an employee is paid a salary, how could an hourly overtime rate apply? The Fair Labor […]

PWFA Claims Have Arrived: Anatomy of a Lawsuit

Cases are just now starting to come out involving the Pregnant Workers Fairness Act (PWFA). For lessons on how one employer ran afoul of its obligations, read on. Timeline It’s often helpful in a factually dense case to break events into a timeline: King filed a PWFA lawsuit, and the court denied the company’s request […]

Severance Agreements: Parting Ways Without Parting Claims

Employers that terminate or mutually agree to part ways with an employee may negotiate, elect to enter, or be obligated by an existing employment agreement to enter into a severance agreement with the departing employee. A severance agreement is an arm’s length agreement between employer and departing employee that serves many purposes and is highly […]

Managing PTSD as a Disability in the Workplace

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability. Post-traumatic stress disorder (PTSD) is a mental health condition that can significantly affect an individual’s ability to function in various aspects of life, including the workplace. Those with PTSD are likely considered disabled under the ADA, […]

HRDA Frankly Speaking: The Keys to Trust

In the world of AI, trust between employee and employer is becoming one of the most important elements HR leaders need to build in their workplace. Adam Hickman, Ph.D., VP of Org & Employee Dev, Partners; The Walt Disney Company took SPARK attendees through what it means to be a true human leader in the […]

RIFs in the Age of AI: Why Data-Driven Decisions are Increasing Employer Risk

Employers have long used reductions in force (RIFs) as a high-risk but familiar response to economic pressure, restructuring, or strategic change. Traditionally, employers evaluated RIF-related risk through relatively discrete lenses—compliance with the Worker Adjustment and Retraining Notification (WARN) Act, potential discrimination claims, and the adequacy of internal documentation. Today, that approach may no longer be […]

When Hiring Plans Change Overnight 

It usually starts with a Slack message, followed by an urgent and unexpected executive team meeting: the hiring plan is being reversed. Budgets are being revisited, and active roles are being put on hold. Within hours, you’re expected to pause candidate searches, reassess headcount, manage risk, and help leaders communicate decisions that are still taking shape. This […]

EntertainHR: Ghosts: Career Catfishing from Beyond the Grave

The CBS sitcom, Ghosts (adapted from a British series) follows the lives of Sam (played by Rose McIver) and Jay (played by Utkarsh Ambudkar), who inherit a beautiful New York country house only to find that it is inhabited by the ghosts of those who have perished on the property over the centuries.  While Sam is able to see and communicate with the […]

Why Most Employees Still Don’t Have a Will – and How Technology is Closing the Gap 

Estate planning is one of those tasks that most people know they should complete – yet many never do. Despite widespread awareness of its importance, execution remains low across the workforce. Research shows that only 32% of Americans have a will. At the same time, 64% of adults say having a will is important, underscoring a persistent disconnect between intent and […]

Is Employee’s Uber Ride Reimbursable? What are Your Obligations?

Q: Must we reimburse an employee for the expense of an Uber ride if we normally reimburse her for taking the bus? Generally, no, but it depends. Federal law doesn’t require the reimbursement of travel expenses for business purposes in most situations. However, the Fair Labor Standards Act (FLSA) requires that nonexempt employees are paid […]