Practical HR Tips, News & Advice. Updated Daily.
There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.
The Administrative Exemption: it’s where the greatest number of employers go wrong and no surprise, says attorney Susan G. Fentin—it’s the broadest and most ambiguous exemption of them all. In yesterday’s Advisor, Fentin helped us understand the huge dollar risks in mistaken exemption decisions. Today, how to determine if your employees meet the tricky administrative […]
According to a recent study, uneven enforcement of the Fair Labor Standards Act — lax in some places and more stringent in others — leaves employers confused about the extent of their liability for wage and hour violations. The study, released by the Nelson A. Rockefeller Institute of Government, calls for more enforcement consistency to […]
“I’ve been reading Walter Isaacson’s biography of Steve Jobs,” notes business and leadership blogger Dan Oswald. “It’s an interesting read because Jobs was a fascinating character. Jobs was a polarizing figure, revered by many and hated by others. But regardless of how anyone might feel about him, there’s no denying the man was a creative […]
In exemption misclassification cases, damages can be huge, says attorney Susan G. Fentin, and lawyers are lining up to bring suits against your organization. Fentin, who is a partner in the Springfield, MA offices of labor and employment firm of Skoler, Abbot & Presser, P.C., is Associate Editor of the Massachusetts Employment Law Letter. She […]
Whether an employee is exempt from the FLSA has been a turbulent topic this year, as both DOL and Congress have been issuing proposals and bills regarding exempt jobs. DOL has been involved with the status of pharmaceutical representatives, in-home caregivers and children working on farms. Although no changes have yet been made to the […]
By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving […]
Yesterday, we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions to this rule.
Yesterday’s Advisor offered details about EEOC’s new final rule on Reasonable Factors Other than Age (RFOA). Today, three more “considerations,” plus an introduction to a unique program just for small or even one-person HR [Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited […]
When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.
The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]