Automatic gratuities are not tips as defined by the Fair Labor Standards Act (FLSA), the 4th U.S. Circuit Court of Appeals ruled (Wai Tom v. Hospitality Ventures LLC No. 18-2509 (4th Cir. Nov. 24, 2020)). Though their hourly wage, tips and automatic gratuities exceeded the FLSA’s minimum-wage and overtime requirements, servers at a North Carolina restaurant…

Read More

Danone North America, whose portfolio of brands include Activia, Dannon, Horizon Organic and YoCrunch, has expanded its parental bonding leave policy to its manufacturing employees, enabling them to take 18 weeks’ paid time off within the first year of the birth or adoption of a child. The company in a Dec. 1 announcement said the benefit is…

Read More

Recruiting and hiring is the top concern for HR professionals going into next year, according to Nov. 19 survey results from XpertHR; nearly two-thirds of the 563 responding organizations rated this topic as “somewhat” or “very” challenging. Other top concerns included workforce planning, health and safety at the workplace, and employee leave, which were all rated “somewhat” or “very” challenging by…

Read More

Workers undergoing methadone, Suboxone or similar addiction treatments are protected from discrimination by the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission reminded employers Nov. 16, announcing a lawsuit alleging such bias. The commission said it sued an Indiana-based transportation company for refusing to hire an applicant because of her Suboxone treatment for…

Read More

After leaving the military, joining the workforce is an important part of the transition to civilian life for veterans. Among national economic policy issues, the majority (95%) of veterans surveyed supported investments in skills and technical training, according to a 2019 report by ALG Research, on behalf of the National Skills Coalition. The U.S. Department…

Read More

The U.S. Department of Labor (DOL) has clarified the rules on when time spent fulfilling continuing-education requirements must be compensated under the Fair Labor Standards Act (FLSA) in a recent opinion letter. In a separate opinion letter, the DOL explained when the travel time of nonexempt foremen and laborers is compensable. A main takeaway from…

Read More

Whether they have remained open during the COVID-19 pandemic or sought to reopen after pandemic-related closures, employers have had to monitor the constantly evolving and often confusing guidance from the Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC) and other federal and state entities. OSHA has recently fined numerous…

Read More

In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room talk,” “shop talk” in a manufacturing environment can walk a fine line between employee banter and inappropriate, or, in extreme…

Read More

Even though it happens every four-years, it still tends to dominate the media, culture, and watercooler. We are, of course, talking about the presidential election. Election Day is Tuesday, November 3, but citizens have been voting in some states since late September. As the airwaves become inundated with political ads, telephones get overwhelmed with robocalls,…

Read More