Compliance with the federal Fair Labor Standards Act (FLSA) is more critical than ever for employers. The FLSA is the law that establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the private sector and in federal, state and local governments. FLSA Enforcement According to recent government reports, FLSA lawsuits have Read more
President Obama has signed several Executive Orders recently each designed to achieve fair labor practices in federal contracting. The most recent Executive Order is the Fair Pay and Safe Workplaces Executive Order. Key features of the Order include: 1. Disclosure of Labor Law Violations Federal agencies will require prospective contractors to disclose labor law violations Read more
Employers understand the importance of maintaining accurate wage and hour records for their non-exempt employees. A periodic review of recordkeeping requirements under the Fair Labor Standards Act (FLSA) can keep an employer on track and avoid problems later on. Records To Be Kept By Employers The FLSA requires no particular form for required records, but Read more
The New Jersey legislature has approved to new bills that will affect New Jersey employers’ hiring practices. These measures are: “Ban the box”— a law that would prohibit employers from inquiring about job candidates’ criminal histories during the initial hiring process; and Discrimination against the unemployed— a law that would prohibit employers from considering applicants’ Read more
Veteran Status has been added as a class protected from employment discrimination under amended Indiana law. Veteran Status has also been added to Indiana’s required Equal Employment Opportunity posting. The law (HB 1242) prohibits employers from refusing to employ an applicant based on his or her status as a veteran. The law applies to veterans Read more
Illinois’ new “Ban the Box” law will soon give workers a second chance when it comes to landing a job. The law prohibits private employers or employment agencies in Illinois from asking about the criminal histories of applicants until they are deemed qualified and selected for interviews or receive a conditional offer of employment. In Read more
The EEOC has just released its Enforcement Guidance: Pregnancy Discrimination and Related Issues, adopting new and substantive changes to the way federal law impacts workplace treatment of pregnancy. The guidance is divided into four sections: The Pregnancy Discrimination Act (PDA) – The PDA requires accommodations for pregnant women, regardless of the severity of their pregnancy-related Read more
Restaurant employers have a unique opportunity to develop safe work habits in young workers and enhance the culture of safety in the food service industry. Workers in the fast-paced food service industry frequently encounter hazards such as sharp knives, hot liquids and heavy trays. Inexperience and eagerness can make young workers particularly vulnerable to injury. Read more
The US Department of Labor (DOL) is expected to soon issue formal guidance to make it clear that employment discrimination based on transgender (gender identity) status is prohibited. Two years ago, the Equal Employment Opportunity Commission decided in Mary v. Holder that “sex discrimination”, which is prohibited under federal law, includes discrimination against transgender individuals. Read more
Employers should periodically conduct internal audits of their Family and Medical Leave Act (FMLA) policies and practices to ensure they are legally compliant. It is especially important now because the US Department of Labor FMLA enforcement branch has renewed its emphasis on conducting on-site FMLA compliance investigations. Three essential components of an internal audit are: Read more
