Posts by Joe Boone
DOL Issues Opinion Letter on FMLA Leave and IEP Meetings
The U.S. Department of Labor/Wage and Hour Division has continued its practice of issuing opinion letters. It recently issued an opinion letter that addresses the question of whether an employee may take FMLA leave to attend a Committee on Special Education (“CSE”) meeting to discuss a child’s Individualized Education Program (“IEP”). See DOL Opinion Letter…
Read MoreDe mortuis nil nisi bonum
The death of an employee is an upsetting and traumatic occurrence. It is also very likely to be unexpected. Thus, it is preferable to have a basic framework in mind for dealing with such an occurrence before it happens. This post is intended to give you an overview of three of the many important considerations…
Read MoreEmployers, Can You Fire An Employee For Being Gay or Transgender?
We will soon see—at least under federal law. What am I talking about? This past week, the Supreme Court of the United States (SCOTUS) heard oral arguments on three cases in order to decide whether discrimination based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis of sex.” Let’s…
Read MoreVerify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement
There has been a surge in workplace enforcement actions by U.S. Immigration and Customs Enforcement (ICE), according to statistics published by Homeland Security Investigations (HSI), the division of ICE tasked with using civil investigations and criminal prosecutions to deter companies from hiring unauthorized workers. This surge in HSI investigations and penalties against employers signals a…
Read MoreDo You Need An Employee Handbook?
As a small business owner, it can sometimes feel impossible to do it all. It’s difficult enough to ensure that employees are performing quality work, let alone have to be concerned about issues with problems including attendance, the dress, and how each employee should work together. One of the ways to help enforce these rules…
Read MoreHow to Avoid Missteps When an Employee Goes Through a Divorce
Employers must walk a tightrope between being professional but compassionate with employees going through a divorce, while remaining in compliance with employment and benefits laws. Sometimes employees going through a divorce falter and must be counseled on poor performance. Other times, they may need someone at work to simply listen as they talk about what…
Read MoreNew Overtime Rule Raises Salary Cut-Off to $35,568
Employees who make less than $35,568 are now eligible for overtime pay under a final rule issued today by the U.S. Department of Labor (DOL). The new rate will take effect Jan. 1, 2020. To be exempt from overtime under the federal Fair Labor Standards Act (FLSA), employees must be paid a salary of at least the threshold amount and meet…
Read MoreEmployers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA
On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow nonemployee union agents to solicit on employer property in…
Read MoreSupreme Court to Decide if LGBT Workers Are Protected from Employment Discrimination
For roughly 10 years, Gerald Bostock worked as a child welfare services coordinator for Clayton County, Georgia, with happy results. Bostock was widely praised, and his boss gave him consistently positive reviews. Then Bostock began participating in a gay softball league and people started criticizing and disparaging him for it, as well as for his…
Read MoreDon’t Dally on Your Data: Pay Data Required on EEO-1 Forms by September 30, 2019
The EEOC’s revised EEO-1 form, which now includes employee pay data, must be filed for covered employers for calendar years 2017 and 2018 by September 30, 2019. Remember that EEO-1 forms are required of all employers with 100 or more employees, as well as federal government contractors who have 50 or more employees and contracts…
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