Michigan Democratic Legislators are introducing legislation intended to curtail illegal deductions from pay. Any illegal deduction from pay is being called wage theft. Wage theft is described as the “denial of wages or employee benefits that are rightfully owed to an employee.”
What happens when an employee is hospitalized without notice and informs via a surrogate (her son) that she is in the hospital and won’t be at work? Should the employer provide FMLA paperwork (assuming the employee is eligible) or terminate the employee for a no call/no show attendance rule violation?
One of the trickier areas of wage and hour compliance is calculating hours worked when non-exempt employees travel on company business. There are several different situations that the wage and hour regulations address. One is “travel that is all in a day’s work” another is “home to work on a special one-day assignment in another city,” and the third is “travel away from home community.”
When the Obama Administration’s Department of Labor increased the Exempt Rule’s salary level test to $913/week, this forced most employers to review many of their positions for exempt compliance. For the past few years employers have had the opportunity to re-classify jobs properly – hopefully avoiding a compliance complaint in the rule “changeover and controversy fog.”
When an employee takes an approved leave which is covered by the American’s with Disability Act (ADA), many times the employee will need additional time off. The question generally becomes how long should leave be extended as a reasonable accommodation. A trial court in the 6th Circuit Court of Appeals region, which covers Michigan, provides some guidance.
Good news for employers! On August 29, 2017, the Office of Management Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) announced that the pay reporting requirement of the EEO-1 will be delayed and not required in the March 31, 2018 EEO-1 reporting cycle. This news was greeted as a sign of relief by the employer community. The standard EEO-1 report, though, will still be required for filing on March 31, 2018.
With workplaces moving more to the open floor plan, a difficult issue is raising its head more and more. Whether its food odors like tuna, perfume, cologne, or body odor, the issue of scent allergies has grown among the workforce. In one case, retaliation and failure to properly accommodate cost an employer $3.3 million.
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.
Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152