On June 6, 2018, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum outlining the NLRB’s enforcement position on employee handbook rules following the decision in The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017). The memo makes it clear that employers can expect less scrutiny and more freedom in […]
In an unanimous decision, the Nevada Supreme Court has finally defined what constitutes “health benefits” for the purpose of paying the lower-tier minimum wage in Nevada. The Court, in MDC Restaurants, LLC, et al. v. Eighth Judicial District Court, 134 Nev. Adv. Op. 41, 2018 Nev. LEXIS 42 (May 31, 2018), determined that employers who […]
The Department of Labor-provided forms for Family and Medical Leave Act (FMLA) use are expiring today. Does that mean you no longer have to provide them to employees? Does it mean they are no longer valid? The answer to both questions is no. So what do you do? Department of Labor forms are typically only […]
According to U.S. Immigration and Customs Enforcement (ICE), there were 2,282 employer audits opened between October 1, 2017 and May 4, 2018. That is 326 new employer audits opened each month. This is a 60 percent increase from the total number of employer audits opened in the prior 12 months. With an nationwide wave of […]
As you may recall, an Obama era change to the federal overtime rule would have doubled the salary threshold for exempt employees from $23,660 to $47,476. This would mean that, under the Fair Labor Standards Act (FLSA), an employee making less than $913 per week would be entitled to overtime for any hours worked beyond […]
On March 23, 2018, President Trump signed the $1.3 trillion spending bill into law, avoiding a government shutdown. In doing so, however, the President also amended the Fair Labor Standards Act (FLSA) in a way that will affect employers with tipped employees. Tip Pooling with Back-Of-House Employees Permitted The 2,232-page spending bill amended the FLSA […]
The Equal Pay Act (EPA) prohibits businesses from paying employees of one gender less than the other for equal work. There are exceptions to this general mandate: if wages are determined by a merit or seniority system; a system that bases pay on quantity or quality of work; or a differential based on any factor […]
By: Amy Matthews Since we work with people, HR professionals can sometimes be affected by emotions. Certainly, we are dealing with the emotions of others in most situations. Maybe your CFO and your Accounting Clerk, who were dating on the sly, recently broke up and now the environment is tense. Employees are complaining. Or, you […]
We’ve been stressing this for awhile, but now more than ever, it is extremely important to review your Employee Handbook. When was the last time you took a peek at it? Reviewing your policies, re-writing out-of-date policy, etc., will save you from a world of hurt and headaches that could be in your near future. […]
Earlier this month, the Sixth Circuit Court of Appeals—which covers Ohio, Kentucky, Tennessee, and Michigan—ruled that employers cannot discriminate against transgender and transitioning employees. Doing so would violate Title VII of the Civil Rights Act of 1964. This case, Stephens v. R.G. & G.R. Harris Funeral Homes, Inc., is the second ruling from a federal court […]
