It should be no surprise by now that a certain circuit (I’m looking at you Ninth Circuit) makes its own rules. So much so, the Supreme Court recently had to inform them of the shocking truth that dead judges can’t write opinions. If you are seeing the quote “…federal judges are appointed for life, not for eternity” around a lot lately ...
Well…we finally have some indication from the DOL on how it intends to update Fair Labor Standards Act (“FLSA”) regulations covering overtime exemptions for employees who fit into the “white collar” exemptions for Executive, Administrative and Professional employees. The overtime threshold, currently at $23,660/year or ...
Julie R. Pugh & Lee P. Geiger
Yesterday, March 4, 2019, a federal D.C. Circuit judge ordered the EEOC’s pay data collection initiative to be reinstated. As a refresher, generally all private employers with more than 100 employees and all federal contractors (with 50 or more employees and a contract with the federal government worth more than ...
In August 2017, the United States District Court for the Northern District of Ohio found that insurance agents working under independent contractor agreements for a major insurance company were employees for purposes of pursuing pension and other benefits under the Employee Retirement Income Security Act (ERISA) of 1974.[1] Recognizing ...
In what has become an all-too-familiar sign of our times, the news was filled last week with reports of yet another workplace shooting. Five employees were killed and six police officers injured before the shooting ended. Companies are left wondering how to protect their employees.
While we can’t prevent all workplace shootings, there are ...
A recent case in Indiana federal court is a good illustration of the potentially long arm of the law prohibiting retaliation in the workplace.
Rachael Barter worked for AT&T until her termination in March, 2015. In April, she began working for NexLink Communications, which is a third party solutions provider for AT&T. In May, Barter filed a charge ...
OSHA was busy in 2018 and shows no signs of slowing down thus far in 2019. However, despite its recent reform efforts, Public Citizen’s Health Research Group may be throwing a wrench into their plans.
Background and the Final Rule
In May of 2018, OSHA posted on its website that it was no longer requiring submission of 2017 Forms 300 and 301 injury ...
The National Labor Relations Board issued a press release on January 25 indicating a return to the previous standard for determining if an individual is an employee or independent contractor for purposes of determining the right to organize. This overturns a 2014 ruling by the NLRB and returns to the decades-long “common-law” test. In ...
The NFL gave football fans the gift of two record-setting NFC and AFC Championship games last Sunday – both decided on controversial calls and crucial plays in the last seconds of overtime. Football fans relish intense battles that leave us on the edge of our seats until the final whistle blows. Yet most fans agree – our desire for uncertainty ends ...
Uh oh. You just found out one of your employees claims she got hurt at work. You know you have workers’ comp coverage, but you’ve never handled a claim before. And you’re not sure she actually got hurt at work. What do you do?
Investigate!
- If there was a delay in reporting the injury, review timecards and make sure the employee worked that day.
- Talk ...