Latest from Iowa Employer Law Blog - Page 2

Labor Day weekend, sometimes referred to as the “unofficial end to summer,” is just around the corner, and with it comes another familiar sign that the transition to fall has begun: the start of a new school year. While the beginning of this particular school year is different for most, there is no doubt that children and parents across the state of Iowa are eager to get back to the school-day routine. With schools in…
In May and June, the U.S. Department of Labor’s Wage and Hour Division (WHD) published two Fair Labor Standards Act final rules addressing overtime pay. The first rule, published and effective on May 19, 2020, amended the FLSA overtime exemption for commissioned employees employed by retail or service establishments. This exemption is commonly known as the “inside sales exemption.” The second rule, published on June 8 and effective on Aug. 7 made changes to the…
On August 24, 2020 the DOL’s Wage and Hour Division issued Field Advisory Bulletin (FAB) 2020-5 “to clarify an employer’s obligation to track and pay for hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers.” The guidance responds to FLSA issues created by telework that have been exacerbated as a result of COVID-19, but it also applies to any remote work arrangement. The WHD last…
The headline of the article reads, “BuzzFeed Lays Off Nearly 70% of Furloughed Staff.” I scratched my nearly bald head. What was, what is, the status of that portion of the BuzzFeed staff? Over the course of the last half-century, I have had some very good labor and employment law mentors on both the management and labor sides of the table. They taught me to use employment law terms carefully and intentionally because…
Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to announce that 24 attorneys of the firm have been named by Best Lawyers® to its 2021 recognition lists for professional legal excellence, including: 21 attorneys with extensive experience were included in The Best Lawyers in America; Three distinguished attorneys were honored as “Lawyer of the Year” in their respective areas of law in Des Moines, and: Three rising lawyers were recognized in the inaugural edition of Best Lawyers:…
You’re Invited! Join our Employment & Labor Law Group on October 27, 28 & 29 for a FREE Webinar Series as we Face the Future Together. The Webinar is a new format for our annual seminar that allows everyone to stay safe during this global pandemic. Over two hours of content will be presented in multiple sessions on each of the three days of the series. We’ve built in an extra 15 minutes each day…
The U.S. Equal Employment Opportunity Commission announced that it will resume issuing charge closure documents again, effective August 3, 2020. On March 21, 2020, the agency temporarily stopped closing charges, which includes furnishing right-to-sue notices. These Notices give complainants 90 days to file their lawsuit in court or lose the ability to litigate federal claims. The EEOC’s reasoning for suspending charge closures was to avoid “negative impacts” on complainants’ and respondents’ “ability to protect and…
On July 17, 2020, the USDOL’s Wage and Hour Division published a “Request for Information” (RFI) in the Federal Register, seeking input for its examination of the effectiveness of the current regulations in meeting the FMLA’s statutory objectives.   According to WHD, “Results of employee and employer surveys continue to show an ongoing need for education and awareness in the administration and use of FMLA leave. Information from the public on what is and is not…
An emergency rule adopted by the Iowa Workforce Development agency [“IWD”] now requires Iowa employers to “ensure workers are aware of the benefits they may be eligible for if they become unemployed or experience a reduction in hours”.  The agency’s move imposes a new obligation on employers during the separation process, and may generate the potential for liability for employers who fail to comply with the state rule.   On July 14, 2020, IWD appeared before…
The NLRB recently granted employers more authority to discipline or discharge employees engaged in abusive behavior, even when the conduct occurred during otherwise protected concerted activity. This ruling both overturns prior Board precedent and could have a significant impact on future disputes between employers and employees. The General Motors rulings, 14–CA–197985 and 14–CA–208242, focused on the conduct of Charles Robinson, an employee and union steward who was disciplined and later fired following several troubling…