It's always a question to employers as to what extent off duty actions can be held against an employee. Certain situations may be easier than others to assess, such as an employee arrested for a crime. But what about an employee’s Facebook rantings?
The US Department of Labor (DOL) is working toward rescinding its judicially enjoined overtime rules. These rules were published during the Obama Administration and dramatically increased the exemption salary level test from $433/week up to $913/week. It was intended to reduce the number of jobs that could be classified non-exempt by employers.
The republicans, who control the Michigan State Senate, introduced legislation last Wednesday to increase MIOSHA fines to maintain parity with the federal OSHA fine maximums. Why would our business friendly legislature do this? It appears not by choice, but by necessity, if MIOSHA is to remain compliant and independent from federal OSHA oversite.
Under the Obama Administration’s National Labor Relations Board (NLRB) and the Department of Labor (DOL), two sets of rules intended to tip the scales in favor of labor organizing were published in 2011 – the Quickie Election Rules and the Persuader Rules. One of them is going away.
Ban-the-Box laws were instituted with the idea that by delaying the point in the hiring process in which an employer can ask an applicant about conviction history, the applicants would have a fair chance at gaining employment, but do the laws work?
Signaling the start of the Trump Administration’s rollback of employment and labor Obama era regulations, the Department of Labor announced it is withdrawing its two guidance letters that further defined the restrictions on engaging a worker as an independent contractor.
Most employer Family and Medical Leave Act (FMLA) policies restate the notice requirements and other information mandated by the FMLA posting rules. In addition, they should state any company-specific policies regarding FMLA leave. If certain issues are not specifically addressed in the policy, it may end up in the court’s hand to decide during a law suit.
As the summer rapidly approaches, many employers will supplement their seasonal workforce with minors under the age of 18. While this is a great opportunity to give a youth the ability to learn work skills, employers need to be aware of the special requirements and their obligations for employing a minor.
Solely based on Federal law…yes. A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history. This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.
Summer is approaching and many employers hire co-ops, interns and work study students during that time period. When employing a student and the student is the object of harassment, the question is whether the student can seek relief under Title VII of the 1964 Civil Rights Act (Act), Title IX of the Act, or both. A recent case from the federal Third Circuit Court of Appeals answered affirmatively that both could apply.
Piecework pay is not a common pay practice today. In fact, ASE’s most recent Pay Administration Survey found no participants paid on a piece-rate in the Southeast Michigan area. However, in some industries this is still a pay practice.
On the list of wrongful employment practice issues, the risk of engaging in illegal anti-trust practices is pretty far down there. But everyday, employers in competitive industries (think tech) aggressively recruit and seek to retain valuable talent through various employment policies and practices. Some employers take these practices too far. What kinds of employment practices could result in a federal anti-trust lawsuit?
No man is an island entire of itself . . . In Meditation XVII John Donne writes of how we are all connected to one another. As human beings, connection with others is essential to our well-being. However, when it comes to Authorization and Disclosure Forms, it is being an island that is essential to being in compliance with FCRA requirements.
There has been a lot of judicial activity involved in trying to identify an appropriate test for determining whether an employee is in fact actually employed by two different employers. This circumstance generally arises when one business (primary) engages another (secondary) and the contracting business exercises sufficient control whereby the “law” is compelled to treat them jointly.
Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152