Archive for February 2023
DOL Clarifies Whether FLSA and FMLA Protections Apply to Remote Employees
The U.S. Department of Labor (DOL) recently issued new guidance regarding how remote employees should be paid under the Fair Labor Standards Act (FLSA) and when they are eligible for leave under the Family and Medical Leave Act (FMLA). The FLSA requires covered employers to pay nonexempt employees for all hours worked, including certain rest…Read More
Are Your Employees Camera Ready?
In the age of social media, brand management, and on-line advertising, it is important to protect an employer’s ability to use content, photographs, videos and images created, captured and displayed on any medium or platform and internally. Do employers have the right to display images of employees? Do employers have to scrub all images of…Read More
EEOC Announces Enforcement Priorities for 2023-2027
On Tuesday January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) publicly released its Draft Strategic Enforcement Plan (“SEP”) for fiscal years 2023-2027. The SEP describes the EEOC’s top enforcement priorities, making it critical information for employers around the country. The Draft SEP sets out the EEOC’s six subject matter priorities for fiscal years 2023-2027:…Read More
Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?
If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…Read More
OSHA Increasing Fines Through Major Changes in Enforcement Policies
In light of the decision by the previous, marginally Democratic Congress not to increase OSHA fines beyond inflation adjustments and the shift to a Republican House, it appears the Biden Administration has decided it will increase deterrence against OSHA violations by implementing penalty increases through two changes in its enforcement policies. One January 26, 2023…Read More