Archive for October 2022
Fair Labor Standards Act (FLSA) Compliance Audit
The Fair Labor Standards Act, or FLSA, sets standards for full and part-time employees related to minimum wage record keeping, youth employment and overtime pay. The Department of Labor’s Wage and Hour Division enforces FLSA and has the power to investigate the practices, policies and procedure of employers and interview employees to determine whether every…
Read MorePolice Officer Suspended for Facebook Post Allowed to Sue City
At a time when Towns are increasingly wary of potentially inflammatory political statements by their employees, a Massachusetts court has raised a warning flag for Towns considering discipline as a result of those statements. A Cambridge police officer filed suit against the City, alleging it had violated his constitutional free speech rights by disciplining him…
Read MoreAnother Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2022
The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual basis. Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, presented OSHA’s preliminary Top 10 most frequently cited workplace safety…
Read MoreU.S. Department of Labor Issues Proposed Worker Classification Rule
Last week, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced the publication of a highly anticipated notice of proposed rulemaking (NPRM) on worker classification under the Fair Labor Standards Act (FLSA). The proposed rule, the latest in a tumultuous line of regulations on the independent contractors topic, would establish a framework for applying a redrawn…
Read MoreEEOC Updates Mandatory Poster, Adds QR Code for Filing Charges
The revised poster may result in an increase in the number of discrimination charges filed by employees, according to legal experts. The U.S. Equal Employment Opportunity Commission published Wednesday a “Know Your Rights” workplace poster that replaces its previous “EEO is the Law” poster, according to an Oct. 19 statement on the agency’s website. Covered…
Read MoreI-9 Compliance Flexibility Extended Again, But Only for COVID Precautions
I-9 flexibility for remote workers is being extended again – through July 31, 2023 – but, it appears, only for safety precautions due to COVID-19. The U.S. Immigrations and Customs Enforcement and Department of Homeland Security made the announcement last week. The flexibility allows qualifying employees to present virtually their I-9 identity and employment authorization…
Read MoreGood Policies, Good Results – Have You Checked Yours Lately?
A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment. Most employers probably already have such a policy. But if it is not comprehensive in scope, and if it is buried in…
Read MoreNew Frontier in COVID-19 Vaccine Litigation
Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates. Here we take a closer look at issues companies are facing more than two years into the pandemic, and how you may help your business…
Read MoreSupreme Court Ready to Address Affirmative Action, Religious Freedoms
With the advent of fall comes a new term for the U.S. Supreme Court, which is likely to hear a number of cases of interest to employers across the country. The 2022-23 term officially started Oct. 3rd. Numerous legal experts have predicted that we’ll see the court reject some major precedents this fall. “They are…
Read MoreWhat to Do if an Employee Is Arrested Outside of Work Hours
Over the last month or so, we have been asked by numerous employers, whether or not a private employer can terminate an employee who is arrested outside of normal working hours, but has not been convicted of any crime, without facing possible employment law exposure. Although we are not lawyers, we did check with legal…
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