DOL
Internship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws
As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships Internships are generally intended to be educational opportunities for students or recent graduates to learn invaluable on-the-job skills, how to effectively work in a…
Read MoreOffensive Language May Be Protected Concerted Activity
The U.S. Court of Appeals for the D.C. Circuit ruled that the National Labor Relations Board sufficiently addressed the conflict between an employer’s obligations under federal antidiscrimination laws and employee’s rights under the National Labor Relations Act in finding unlawful an employee’s termination for writing “whore board” at the top of two overtime sign-up sheets.…
Read MoreUnlimited Time Off Presents Hidden Challenges for Employers
We have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and they want to give them the flexibility to take time off as/when needed – provided the work still…
Read MoreTop 10 Mistakes in Handling I-9 Forms
One of the things that we are constantly telling our clients about has to do with conducting internal I-9 audits. We encourage them to not only correct any forms that need correcting, but also to change their documentation practices. We tell them that not understanding the difference between correcting I-9s and correcting practices leading to…
Read MoreEmployer Considerations for Navigating Evolving Gun Laws
In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in the workplace. The Supreme Court’s opinion in New York State Rifle and Pistol Association v. Bruen resulted…
Read MoreCourt Cases Show Mistakes to Avoid in ADA Compliance
Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot of complexity in determining what’s a covered condition and what’s an essential job function. Two of the biggest problems are employees who want…
Read MoreFLSA Permits Unpaid Internships Even If Employers Benefit, 11th Cir. Confirms
A forensic photography intern working with Miami-Dade County was not an employee entitled to pay, the 11th U.S. Circuit Court of Appeals held (McKay v. Miami-Dade County, No. 20-14044 (11th Cir., June 9, 2022)). While the employer received some benefit from her work, she was the primary beneficiary of the internship, the court said. The…
Read MoreFederal Contractor $15 Minimum Wage Now Effective
The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and subcontracts, became effective on January 30, 2022. Contractors should determine whether they are covered by the final rule and, if…
Read MoreDepartment of Labor to Add 100 Wage and Hour Investigators
The U.S. Department of Labor will add 100 investigators to support its Wage and Hour Division, the agency announced Feb. 1. Investigators will conduct investigations to ensure workers are receiving their full wages, promote compliance through outreach and public education programs and aid in efforts to fight against worker retaliation and the misclassification of workers…
Read MoreWhen May an Employer Reject a Religious Accommodation Request?
An employer that requires vaccinations against COVID-19 must grant sincere religious accommodation requests, so long as they don’t cause an undue hardship on the company. How can a business tell whether an objection to vaccination is based on a genuinely held religious belief and accommodate without creating an undue hardship? Since it is so hard…
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