HDR thirdshift
Jun
29

Asking about family medical history costs employer over $300,000

I know, I know. I’ve already blogged about this subject—about how employers shouldn’t be asking about family medical history. But the Equal Employment Opportunity Commission (EEOC) has once again charged an employer with violating the Genetic Information Nondiscrimination Act (GINA). And the employer also asked questions about the disabilities of applicants in violation of the Americans With Disabilities Act (ADA).

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Jun
13

Dept. of Labor issues new overtime regulations

On May 18, 2016, the U.S. Labor Department (DOL) issued its new overtime rules. These new rules primarily address the trigger amount for exempting executive, administrative, professional, and computer employees from the Fair Labor Standards Act (FLSA). These exemptions are frequently referred to as EAP exemptions or white-collar exemptions.

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May
04

Employers are limited in use of social media to oppose “unionizing” efforts

As discussed in a previous post, employers cannot terminate employees for using social media to exercise their right to engage in protected concerted activity (typically seen as “unionizing”). Holding that employers cannot fight fire with fire, a recent court decision has now limited the extent of the employer’s ability to use social media to oppose “unionizing” activities.

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May
02

Another reason not to misclassify workers as independent contractors

As I have previously pointed out, the U.S. Department of Labor (DOL) and the U.S. Treasury Department have been pursuing cases of misclassification of workers—that is, the practice of classifying a worker as an independent contractor instead of an employee. Employers typically resort to this approach as a means of reducing the employer’s share of withholding taxes—and several other “benefits.” See this previous discussion.

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Mar
29

Restaurant’s social media rules violate National Labor Relations Act

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An administrative law judge of the National Labor Relations Board (NLRB) has required a restaurant to rehire and pay back wages to an employee who was fired for violating the restaurant’s social media policy. The employee, a veteran who allegedly suffered from post-traumatic stress disorder (PTSD), tweeted about—

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