DEPARTMENT OF LABOR INVESTIGATIONS - BASICS FOR AN EMPLOYER Over the last several years, the United States Department of Labor Wage and Hour Division (WHD) has substantially increased enforcement efforts through increased personnel, funds, and...
click image for sourceWe are deep into election season, with under a week to go until the big day. With that in mind, it is not too late to review some policies and practices that are rarely discussed by employers: Voting Leave, Election...
Often we live thinking, or at least hoping, that no natural disasters will befall us. However, over the last several years, tragedies and natural disaster have plagued too many, whether on the East Coast with hurricane Sandy, in the Midwest...
Many cases are filed that involve reasonable interpretations of the law on both sides. But on occasion, a case comes along that appears to have limited room for argument. A recent case involving independent contractor misclassification...
A recent decision of a U.S. District Court reminded me of some of the lesser-known legal principles that expand an employer’s legal liability. This particular decision involved the Family and Medical Leave Act (FMLA) and an employer who uses a...
For our last post on the topic of coverage under Federal and Indiana state employment laws, we turn to Indiana employment laws. Like many states, Indiana tries to fill in gaps where Federal Laws have failed to provide employees protection. ...
>As an employer, having an outstanding workforce is essential to a successful business. If an employer finds an exceptional individual or applicant of foreign nationality, the employer can add this individual to its workforce provided the...
Continuing with the theme of employment law coverage, let’s turn our focus to federal laws regarding equal employment opportunity and reductions in force. Title VII of the Civil Rights Act of 1964: Title VII of the Civil Rights Act of 1964...
A lot of my recent reading has reminded me of the ever-expanding number and scope of federal and state employment laws. Requirements and coverage are so varied that I think it is valuable to provide a check-up checklist, if you will, over the...
During 2009 and 2010, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor saw significant growth in staff, budget, and investigations. While the budget for the 2012 fiscal year looks to trim most government agency budgets,...
Social media has become a double-edged sword for employers. It represents great marketing potential and threats to confidential business matters at the same time. The evolving nature of social media complicates an employer’s ability to draft...
The Fair Labor Standards Act (FLSA) generally requires employers to pay employees minimum wage for all hours worked, and time and one half the regular rate for all overtime hours worked. But the FLSA includes many exceptions and exemptions...