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In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is being evaluated for drugs that could potentially help him. Is this a request for an accommodation under the Americans with Disabilities Act (ADA)? In general, the answer is probably yes, and the employer could face…
A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any repair parts purchased.  The employee also receives a 2% commission on the annual service plan the customer purchases to maintain its new cooler.  At the end of the year, the employee quits.  The customer continues to purchase the annual service…
A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any repair parts purchased.  The employee also receives a 2% commission on the annual service plan the customer purchases to maintain its new cooler.  At the end of the year, the employee quits.  The customer continues to purchase the annual service…
Under a final rule issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), effective January 19, 2017, federal government contractors must now comply with new privacy training requirements regarding protection of personally identifiable information (PII). The new rule adds Subpart 24.3 (Privacy Training) to the Federal Acquisition Regulation (FAR) and a new standard contract clause (FAR 52.224-3) implementing the new requirements. These changes reflect that security…
A new lawsuit filed by the U.S. Department of Labor (DOL) demonstrates how dogged the government can be in trying to obtain and review employers’ compensation data. The lawsuit, filed against Google with the DOL’s Office of Administrative Law Judges, alleges that Google failed to comply with its obligations to provide compensation data to the government as part of an Office of Federal Contract Compliance Programs (OFCCP) government contractor compliance audit.…
As recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ) decision highlights how some common employer’s handbook policies can be found to be unlawful. Here are just a few of the policies the ALJ considered and found illegal:…
Last week, we highlighted the Department of Labor’s (DOL) new proposed amendments to the “white-collar” exemption regulations. As the proposed rules move closer to becoming final this summer, with an effective date 60 days later, we take the opportunity to explain further what these new regulations will mean for employers. As we suggest in greater detail below, employers would be wise to take several steps before the new regulations become effective, including auditing payroll records,…
Attracting and retaining employees in the automotive industry can be very challenging, especially when competitors are doing what they can to lure the best talent. After you provide an employee with a good job, training and development, customer contacts, and access to trade secret and other confidential information, it is discouraging, to say the least, when the employee then uses all of that for the benefit of a competitor. In the auto industry, in particular,…
Attracting and retaining employees is always a challenge. After you provide an employee with a good job, training and development, customer contacts, and access to trade secret and other confidential information, it is discouraging, to say the least, when the employee then uses all of that to help another business compete against you. Regardless of your industry, it is critical to implement certain strategies to help reduce turnover, protect intellectual property, and improve your company’s…