Ver la versión en español aquí The Wage and Hour Division of the U.S. Department of Labor (DOL) has been busy with the Family and Medical Leave Act (FMLA) this week! New FMLA Poster There is a new FMLA General Notice, aka FMLA poster: Employee Rights Under The Family and Medical Leave Act. The substantive … Continue Reading
I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers. Drum rolls please . . . TEN WAYS TO AVOID GETTING … 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 A stripper, an intern, and a minor league baseball player walk into a bar . . . Where is this joke going? To court of course; this is a family-friendly legal blog! What do all three have in common – lawsuits under the Fair Labor Standards Act. A group … Continue Reading
Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently proposed substantial changes to the salary amounts for the FLSA’s white collar exemptions. This is the first proposed change since 2004. The DOL took this action in response to a March 2014 directive from President Obama to “modernize and streamline” the regulations … Continue Reading
Ver la versión en español aquí On June 26, 2015, the United States Supreme Court held in Obergefell v. Hodges, that the Fourteenth Amendment to the United States Constitution “requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex … Continue Reading
Ver la versión en español aquí I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act. More good news: the new docs have a new expiration date – May 31, 2018. The revised notices/forms include … Continue Reading
Ver la versión en español aquí Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year. With over … Continue Reading
Ver la versión en español aquí The latest development in the H-2B saga came yesterday. The federal district court at the heart of the controversy decided to temporarily stay its order that had vacated the U.S. Department of Labor’s 2008 H-2B regulations. The court stayed its decision through April 15. The court did not have … Continue Reading
Ver la versión en español aquí Yesterday, we posted about the current suspension of the H-2B temporary, unskilled worker program. After we posted, the Department of Homeland Security (DHS) announced that it will resume adjudications of H-2B petitions, but will continue to suspend premium processing on H-2B petitions until further notice. DHS will resume adjudicating … Continue Reading
Ver la versión en español aquí Both the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) have suspended all processing under the H-2B program, which many employers use to hire seasonal workers. The decision may impact staffing at hotels and country clubs that often use temporary, unskilled workers during their busy … Continue Reading
Ver la versión en español aquí Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the … Continue Reading
On June 20, 2014, the Department of Labor (“DOL”) announced its proposal to change the FMLA’s definition of “spouse”. According to the DOL, the purpose of the proposed change is to “ensure that same-sex couples who have legally married will have consistent FMLA rights regardless of where they live.” Under the current FMLA regulations, employees … Continue Reading
Two weeks ago, the H-1B visa filing season kicked off and, within five days, the U.S. Citizenship and Immigration Services received about 175,000 H-1B petitions for 65,000 available H-1B visas, plus 20,000 H-1Bs set aside for foreign nationals who hold U.S. advanced degrees. Clearly, employers are looking to hire – at least highly skilled workers … Continue Reading
The U.S. Department of Labor has issued the following notice regarding E-Verify and the impact of the government shutdown: E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9. Information For Employers … Continue Reading
In February 2013, we advised you that the Department of Labor (“DOL”) revised its Family and Medical Leave Act (“FMLA”) poster, also referred to as the “General Notice.” (Click here for February 2013 post) At the time, the revised FMLA poster was only available in English. After months of waiting, the revised FMLA poster is … Continue Reading
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading
The next filing deadline for EEO-1 Reports is Monday, September 20, 2013. The “EEO-1 Report” is the Employer Information Report that certain employers are required to annually file with the U.S. Equal Employment Opportunity Commission (EEOC). The form asks the employer to provide a count of its current employees by job category and then by … Continue Reading
You know it is the height of summer when we start posting about ditch digging and OSHA violations. Although not the sexiest of topics, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently decided an issue for the first time: Can a supervisor’s knowledge of his own violation of an OSHA safety … Continue Reading
On June 26, 2013, the United States Supreme Court in United States v. Windsor struck down the Defense of Marriage Act (“DOMA”) which had defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who was a husband or a … Continue Reading
On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns. The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading
The Department of Labor (“DOL”) published revisions to certain regulations for the Family and Medical Leave Act (FMLA), a new poster and a new certification form. The following highlight key issues for employers with regard to the revisions. New FMLA Poster. The DOL revised its FMLA poster, also referred to as the “General Notice”, effective … Continue Reading
On February 1, a federal court in New York joined appeals courts in the 3rd, 4th, 5th, 8th, 9th and 11th circuits in finding enforceable a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA) in arbitration agreements. This decision is at odds with the National Labor Relations Board’s … Continue Reading
A recent case from the federal court in Orlando provides a reminder that sharing pooled tips too widely could violate the Fair Labor Standards Act and expose the employer for failing to pay the minimum wage. In Rubio v. Fuji Sushi & Teppani, Inc., a former server sued the restaurant where she had worked for … Continue Reading
