How does an employer owe someone earning over $200,000 per year overtime? By claiming the employee is salaried exempt — but not really paying a salary.
The U.S. Supreme Court ruled on February 22, 2023 in Helix Energy Sols. Grp.
Labor & Employment Law Perspectives
Labor & Employment Law Perspectives, published by Foley & Lardner LLP, focuses on legal developments and regulatory changes affecting labor and employment practices. The blog covers topics such as paid leave laws, wage and hour regulations, joint employer standards, pay transparency requirements, workplace discrimination, labor relations, and the impact of emerging technologies like artificial intelligence on employment. It addresses compliance strategies, legislative updates, and practical implications for employers and employees, with attention to federal and state-level policies. The content is relevant for HR professionals, legal practitioners, and business leaders managing workforce-related legal risks and obligations.
Latest from Labor & Employment Law Perspectives - Page 8
EEOC Reminds Employers How to Handle Applicants and Employees With Hearing Disabilities
By Paul King Jr
There is no doubt that the COVID-19 pandemic continues to have a lasting impact on our society. Of the various changes we have experienced so far, the prevalence of remote or hybrid workplaces has had — and will continue to…
FMLA Developments Regarding Telework and Retaliation Claims You Should Know About
As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave Act (FMLA).
Regarding teleworking and…
Strictly Confidential? Labor Board Flip-Flops Again on Severance Agreement Confidentiality and Non-Disparagement Terms
On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain post-severance restrictions — including confidentiality and…
Mandatory Arbitration Lives on in California: Ninth Circuit Strikes Down AB 51
Mandatory arbitration agreements have been the subject of considerable litigation in California. As we previously reported, much of this discord stems from 2019’s Assembly Bill 51 (AB 51), which broadly prohibited employers from requiring employees to execute an arbitration…
There Is a New OSHA Coming to Town — And It Is About to Get Real (Expensive)
Since the Biden Administration assumed control in 2021, the Department of Labor (DOL) has been increasingly focused on enforcement. That is particularly true when it comes to safety and health in the workplace, as enforced by the Occupational Safety and…
BIPA Alert: Potential Billion Dollar Exposure for Companies Operating in Illinois under New Illinois Biometric Data Rulings
In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The two rulings, addressing counting claim accruals and the statute…
Employee Right to Sue for OSHA Violations has Strict Time Limit
Timing really does matter. In a “first of its kind” decision arising from a Pennsylvania meatpacking plant and its COVID response, a federal appeals court has severely limited when a private person may sue for alleged OSHA violations. Specifically, on…
Wisconsin Employers Don’t Owe Employees Who Voluntarily Cut Their Meal Breaks Short
The U.S. Court of Appeals for the Seventh Circuit recently affirmed that Wisconsin wage and hour law does not permit employees to game the system with respect to full and free meal breaks.
Wisconsin, like many other states, does not…
New Jersey’s Expanded WARN Obligation to Take Effect in April 2023
It has been three years since we updated you on New Jersey’s law that proposed to amend the state’s mini-WARN Act (Millville Dallas Airmotive Plant Job Loss Notification Act).
As we reported at the time, the law was supposed to…