Tag: Employment law

overtime

How do we explain the need to change the FLSA overtime exemption?

by Jo Ellen Whitney This summer, the U.S. Department of Labor (DOL) indicated that under new Fair Labor Standards Act (FLSA) regulations issued in May, it might be necessary for various employers to change some workers’ overtime exemption. In a blog post on the DOL website, the agency also indicated that employees would be thrilled […]

Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it

By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter.  This past weekend, we rolled the clocks back. And though we got an extra hour of sleep (well, you may have—I have two children under […]

Understand the whistleblower (and prevent retaliation claims)

by Ken Broda-Bahm and Brad Cave With retaliation claims again topping the list of charges filed most frequently with the Equal Employment Opportunity Commission (EEOC) and whistleblower claims on the rise, employers can learn a great deal by better understanding the psychology of a whistleblower.  Retaliation is all about perception In its 2015 enforcement and […]

Computing commuting time

by Connor Beatty Ask anyone with a long daily commute, and he will agree that it certainly feels like the workday begins long before he steps inside the front doors of the workplace each morning. Under the Fair Labor Standards Act (FLSA), commuting time is not considered working time, although there are a number of […]

Employers haunted by Halloween

Happy Halloween! We hope you are getting only treats today and no tricks. But in keeping with the holiday spirit, today’s post highlights some unintended tricks employers may face from Halloween.    Many employers will have already hosted a Halloween office party or allowed employees to dress up today to celebrate, but the Halloween festivities, whether […]

OHS prosecutions: When the regulator mischaracterizes a party’s role

by Carla Oliver When a person applies for a job, the job generally comes with a title that an employer believes to be descriptive of the role and reflective of the duties and responsibilities of the position. In many cases, an employer’s assignment of a job title to a particular role is done without a […]

EEOC broadens priorities in new enforcement plan

The Equal Employment Opportunity Commission (EEOC) is signaling employers that the agency is expanding its focus on emerging employment issues. And given the drastic change taking place in today’s workplace, the new priorities aren’t surprising, according to an attorney well-versed on the “gig economy” and other challenging employment issues.  The EEOC recently announced its updated […]