Ver la versión en español aquí. It is hard to imagine an employee earning over $200,000 per year and still being eligible for overtime pay. Yet, this is exactly what the U.S. Supreme Court held when it decided Helix Energy Solutions Group, Inc. v. Hewitt, last week. Michael Hewitt worked for Helix Energy (and a … Continue Reading
Today, the U.S. Supreme Court put the brakes on OSHA’s mandatory vaccination and testing rules for private employers with at least 100 employees. The Court ruled that OSHA exceeded its authority when issuing its Emergency Temporary Standard (ETS) requiring either mandatory vaccination or weekly testing and face masks. The Court noted that OSHA is charged … Continue Reading
On Friday night, the Sixth Circuit Court of Appeals gave OSHA’s Emergency Temporary Standard (ETS) on COVID vaccination new life. As you may remember, OSHA issued an ETS requiring employers with 100 or more employees to adopt a vaccination policy that either made vaccination mandatory, or gave employees a choice between vaccination or weekly testing. … Continue Reading
Ver la versión en español aquí. We also discussed this in our Labor & Employment client alert here. After much anticipation, OSHA finally issued its rule for mandatory COVID-19 vaccination and testing for certain employers. It is referred to as an emergency temporary standard (“ETS”). While the ETS will be challenged in the courts, employers must still prepare now … Continue Reading
The DOL has been working overtime attempting to clarify and answer questions on various aspects of the Families First Coronavirus Response Act (FFCRA). As we reported last week, the DOL issued its “Employee Rights” poster, along with initial guidance in the form of “Questions and Answers.” On Thursday night (March 26) and then again on Saturday evening … Continue Reading
Yesterday, the Department of Labor (DOL) issued the much-anticipated “Employee Rights” poster or notice concerning the Paid Sick Leave and Expanded Family and Medical Leave components of the Families First Coronavirus Response Act (FFCRA). Click here to access the poster. Along with the poster, the DOL provided some much needed guidance on various aspects of … Continue Reading
On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency … Continue Reading
Ver la versión en español aquí Imagine this. You hire an HR manager to investigate and resolve internal employee complaints. You later learn that instead of doing her job, the HR manager is encouraging employees to file Charges of Discrimination and even referring employees to “her” lawyer. During this time period, the HR manager also … Continue Reading
Ver la versión en español aquí Employers are always looking for ways to improve work-life balance for their employees. The objective, of course, is to reduce employee burnout and turnover, while increasing employee satisfaction, productivity and creativity. Some companies have gone the untraditional route, such as Daimler’s “Mail on Holiday program” which gives employees the … Continue Reading
Last month, our Labor & Employment Department Chair Bob Turk was inducted as a fellow of The College of Labor & Employment Lawyers, one of the highest honors that can be bestowed on an attorney practicing in the field of labor and employment. The College of Labor & Employment Lawyers is a non-profit professional association … Continue Reading
Late yesterday, a Texas federal Judge issued a nationwide temporary injunction halting the Department of Labor’s (“DOL”) new overtime regulations, which were set to significantly increase the minimum salary required for the executive, administrative and professional overtime exemptions (known as the white collar exemptions). This unexpected ruling prevents the DOL from implementing the new regulations, … Continue Reading
Ver la versión en español aquí Rumors of more potential layoffs have been circulating for quite some time at the once internet giant, Yahoo. Despite reductions in its workforce by 14% in 2014, Yahoo’s economic woes continue. So, it was not necessarily a surprise when approximately 30 employees were laid off in late January even … Continue Reading
The steady stream of cases filed by unpaid interns claiming to be owed minimum wage and overtime compensation under the Fair Labor Standards Act remains on the rise after highly publicized court decisions and settlements. However, courts continue to struggle with how to determine if and when an intern should be paid for work under … Continue Reading
Ver la versión en español aquí Yesterday, employers gained an important victory in the ongoing wave of litigation over what time is or is not considered compensable work time under the Fair Labor Standards Act (FLSA). The U.S. Supreme Court ruled that employers are not required to pay employees for the time spent waiting to clear … Continue Reading
Ver la versión en español aquí Can You Hear Us Now? While there is no question that employee productivity is a concern for all employers, there is at least one study supporting the notion that short “smartphone” breaks during the workday may not only be inevitable but actually a good thing. A doctoral student at … Continue Reading