Last week the U.S. Department of Labor’s Wage and Hour Division published three Opinion Letters on various wage and hour issues. Opinion Letters provide guidance on wage and hour questions but do not bind a court to its position on that question or issue. The three opinion letters address compliance issues surrounding overtime pay in various aspects.
At ASE we often get questions from our members about proper overtime pay calculation when different pay plans are at play. To calculate overtime pay for non-exempt hourly employees correctly, one should first determine a few things.
The Trump National Labor Relations Board (NLRB) continues its pro-business course. Until 2017, the NLRB regularly attacked employer rules that it deemed restrictive, directly or indirectly, on employees' right to organize. Employers, including non-union, were compelled to review employee handbook policies/rules to correct rules that were viewed as restrictive toward union organizing rights.
The Sixth Circuit Court of Appeals, whose jurisdiction includes Michigan, ruled against a machine parts manufacturer last August when it overturned a lower court decision that held an employee’s severance agreement barred her lawsuit alleging Title VII discrimination and violation of the Equal Pay Act.
In May 2019, JP Morgan Chase reached a tentative settlement of $5 million dollars to resolve a class action lawsuit alleging the bank’s parental leave policy was biased against dads. It is the largest recorded settlement in a U.S. parental leave discrimination complaint.
Consider the following scenario. An employee is injured (whether at work or outside of work) and sees a doctor. When the employee returns, the employee provides a doctor note with work restrictions because of the underlying condition of the injury.
Late last year Michigan passed a minimum wage increase that increased this state’s minimum wage for the next 10 years. It also passed the Paid Medical Leave Act requiring employers with over 50 employees to provide five paid days off.
As we noted a couple of weeks ago in the EPTW article, Summer Interns – To Pay or Not to Pay, employers operating internships must know what is required of them, and many may also be minors. Most internships should be paid ones pursuant to the law.
Did you know friendship as a hiring factor can beat off a discrimination allegation? A recent Michigan Court of Appeals ruling affirms other court decisions holding the same.
According to a recent (April 23rd) case from the Michigan Appellate Court located in Ingham County, a job offer may be revoked if the applicant tests positive for marijuana, even if it is considered medical marijuana.
As EPTW readers know, joint employment, independent contractors, and worker misclassification confusion has been an ongoing federal concern. New federal joint employer regulations were published by the U.S. Department of Labor late last month.
As summer approaches and the colleges empty out, many employers may be gearing up for a new batch of summer interns. Though ASE surveys show many employers pay their interns, some intern positions may be set up as unpaid because the work experience is what counts, right? The Department of Labor has a seven-part test to determine if an internship should be classified paid or unpaid.
On Friday April 12th, the Office of Federal Contract Compliance Programs (OFCCP) published its proposed new scheduling letters for Service and Supply audits, Compliance Checks, and Focused Reviews. These proposed letters appear to follow a current of the agency to move further left in the enforcement of the OFCCP regulations.
The hottest issue in the EEO area is pay discrimination. In the news it is often written that women earn approximately 20 cents or more less than a male counterpart. When it is broken down by race, the disparity grows even larger. However, does disparity mean discrimination?
Employers that have franchise operations, engage independent contractors, or both have had the rules and protections that come with these business relationships turned on their heads in recent years. A newly proposed 4-factor test may simplify things.
Religious accommodations generally do not rise to the level of a disability accommodation when reviewed by courts. But a recent case against Walgreens indicates that standard may change.
The U.S. Department of Labor (DOL) issued an Opinion Letter clarifying how employers must go about allowing an employee to use other time off (paid or unpaid) in conjunction with the Family and Medical Leave Act (FMLA) requirements.
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