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On November 8, 2018, the DOL reissued Opinion Letter FLSA2018-27 which had been rescinded in 2009. The reissued Opinion Letter announces the DOL’s position on dual jobs and related duties under Section 3(m) of the FLSA. The DOL admitted that its Field Operations Handbook (“FOH”) sections addressing the tip credit have resulted in some ...

Earlier this month, the Kentucky Supreme Court upheld the state’s new “Right to Work” law enacted this past January. Several labor unions immediately challenged the constitutionality of the new law – arguing that the law unfairly targeted only collective bargaining agreements and provided union employees unequal protection under ...

Now that the election is behind us, all of your employees have stopped discussing political issues and there is peace and harmony in the universe, right? Ha! If only that were true. With the House switching from one party to another, political discord is likely to ramp up. Is your workplace at risk of becoming a tinderbox as employees debate and ...

Special thanks to Christina Rogers for writing this week’s blog.

During election season, it’s easy to get caught up in the drama and the television ad game show “Who is More Corrupt?” You might even be so caught up that you forget (or weren’t even aware of) the impact Election Day may have on your workforce. Now more than ever we seem to ...

Special thanks to co-author, Jack Greiner.

It’s not out of the ordinary to see work colleagues dressed up in Halloween costumes this time of year. Honestly, it wouldn’t be Halloween without the Sanderson Sisters, Addams Family or Michael Myers! Employers often push aside dress codes or appearance policies this week and allow employees to ...

Earlier this year we reported on the United States Supreme Court decision that upheld employers’ use of class action waivers and arbitration provisions in employment agreements under federal law. Late last month, however, the Kentucky Supreme Court held that Kentucky law bars employers from saddling employees with arbitration agreements ...

Special thanks to Christina Rogers for writing this week’s blog.

This year the U.S. Immigration and Customs Enforcement agency (ICE) carried out two of its largest workplace raids in nearly a decade. No, these raids were not in California, New York, Florida, or any of the other typical states that come to mind. These raids took place in OH-IO.

Employers in Ohio are entitled to a drug free workplace and the enforcement of a zero-tolerance policy. That does not make it easy, however, to control. To date, there is not a real-time test to indicate whether a person is “high” in the present tense, only to know if they have used in the past. And not all testing is equal. What will employers will ...

Special thanks to Christina Rogers for writing this week's blog.

While we have not yet gotten to the world portrayed in the Will Smith film I, Robot, artificial intelligence (AI) is here (and likely for good).

We have all seen examples of AI growing around us, from Amazon’s Alexa to the smartphone in your pocket that seems to be getting just a little ...

On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking to establish the standard for determining whether two employers, as defined in Section 2(2) of the National Labor Relations Act (NLRA), are a joint employer of a group of employees under the NLRA.

Under the proposed regulation:

“An ...

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