Published: September 25, 2017

The Third Circuit ruled last week that a governmental employer who failed to pay overtime due to a “time-tracking snafu” had not willfully violated Fair Labor Standards Act (FLSA). Plaintiffs in Souryavong v. Lackawanna County alleged that the County failed to pay overtime to workers who worked in two separate part-time capacities. The County had failed to aggregate workers’ total hours, and therefore failed to pay overtime rates when appropriate.

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Published: August 31, 2017

In a long awaited decision, a Texas federal judge struck down the Fair Labor Standards Act (“FLSA”) overtime rule finding that the Department of Labor (“DOL”) exceeded its delegated authority. The rule, which was blocked by injunction in November 2016, was set to raise the white collar exemption minimum salary requirement from $23,660 per year to $47,476 per year effective December 1, 2016.
 

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Published: August 30, 2017

In light of the huge increase in wage and hour litigation under the Fair Labor Standards Act (FLSA) and related state law, employers must clearly outline policies addressing wage and hour issues, such as timekeeping, overtime, lawful deductions for exempt employees and “safe harbor” rules.

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Published: August 30, 2017

Although the Trump Administration has rolled back numerous Obama-era Executive Orders and other rules and policies intended to help workers, employers have been holding their collective breath, wondering whether the revised Employer Information Report (EEO-1), with its onerous pay data collection requirements, would survive.
 

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Published: August 24, 2017

We previously reported that AARP was attempting to stop the EEOC’s final wellness program rules under the American with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) from taking effect on January 1, 2017.  AARP’s motion was denied by the D.C. District Court.

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Published: August 23, 2017

Following up on my last article regarding whether a company should maintain an employee handbook, the next important question to answer is what provisions are essential to maintain in a handbook. There are literally hundreds of policies that an employer can insert into a handbook, but this article (as well as the next few) is dedicated to highlighting the most important policies to maintain in a handbook. The policies referenced in this article are generally introductory handbook policies.

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Published: August 23, 2017

In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action against the employee. Last Friday, a panel of the U.S.

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Published: August 18, 2017

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses marijuana for medical purposes.   This is the second court decision finding that an individual may pursue a claim when adverse action is taken by the employer for a positive marijuana drug test when the individual is a medical marijuana user (we discussed the first court decision

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