Protected Workplace Speech

By on June 26, 2018

You may have noted that the NFL issued a new rule requiring all players on the field to stand for the national anthem.  Does that violate those employees’ free speech rights under the First Amendment?  Generally no, because the NFL is a private employer.  Private employers may limit certain workplace speech and activities. However, that […]

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Pay Requirements — The FLSA vs. FMLA

By on June 8, 2018

The U.S. Department of Labor issued a recent opinion letter addressing paid and unpaid breaks for FMLA-mandated intermittent leave.  The opinion letter resolved a conflict between the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Under the FLSA, breaks lasting twenty minutes or less normally are deemed for the employer’s […]

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Coverage of Harassment Claims

By on May 21, 2018

Because of the renewed spotlight on sexual harassment, a Company can face significant legal costs associated with their employees’ alleged misconduct.  To limit legal costs, some Companies turn to liability insurers when a sexual abuse situation arises.  Instead of receiving the anticipated coverage, however, a Company may receive from their insurer a denial of coverage […]

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Salary Discrepancies between Women and Men

By on May 8, 2018

This is a fairly common scenario:  You have interviewed multiple candidates for a management position.  The only female candidate that applied is the best candidate.  You meet with her to discuss a salary.  She volunteers that she is currently making $70,000 annually, and that she would like to earn $80,000 with your company.  You would […]

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New DOL Opinions — Health Breaks and Travel Time

By on April 24, 2018

On April 12, the U.S. Department of Labor issued opinion letters addressing two important topics:  compensation for brief health-related breaks and compensation for certain travel time. Non-exempt employees on breaks of 20 minutes or less normally are entitled to stay on the clock and be paid for the short duration that they are not working. […]

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The New “PAID” Program

By on April 17, 2018

The U.S. Department of Labor has a new Payroll Audit Independent Determination or “PAID’’ pilot program.  Under it, the DOL invites employers to voluntarily audit their pay practices and disclose compliance issues.  The DOL will then review the employer’s calculations and make its own determinations.  The employer then pays its employees, and employees normally would […]

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Reconciling Title VII and the NLRA

By on March 28, 2018

Employers may defend Title VII claims by showing that they exercised reasonable care to prevent and correct the illegal behavior. According to the EEOC, “reasonable care” requires an employer to have a non-discrimination policy providing, among other things, an assurance the employer will “protect the confidentiality of Title VII complaints to the extent possible.” At […]

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Revised Inflation Adjustments for 2018

By on March 14, 2018

The IRS has revised the inflation adjustments for 2018 to reflect changes made by the Tax Cut and Jobs Act, enacted at the end of 2017. In addition to revising the tax rate schedules, the Act also changed the index to be used to determine the inflation adjustments. The new index — Chained Consumer Price […]

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