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Photo by Petr Sevcovic on Unsplash One of the biggest problems that many restaurants face is paying tipped employees. Wage and hour lawsuits in the restaurant industry are rampant. The Economic Policy Institute found that a 2010-2012 Department of Labor (DOL) compliance sweep of 9,000 restaurants revealed that 83.8% of restaurants had some wage and hour violation and the DOL recovered $56.8 million in this sweep. Unfortunately, many restaurants make mistakes in paying tipped employees,…
Photo by Agence Olloweb on Unsplash One of an employer’s worst nightmares is having a workplace incident. And the worst workplace incidents are the ones where the employer has no idea what to do. Fortunately, there are some things that employers can do to avoid this situation. Workplace investigations can be broken down into 3 different parts: 1) preparing for a problem before it occurs; 2) conducting the investigation; and 3) making a decision and…
Photo by Diego PH on Unsplash Some employers are caught off guard when they learn that their employees want a union. Many do not know what to do and, as we all know, being ignorant of the law does not mean that you cannot get in trouble. Many employers find themselves in legal hot water because they were not prepared and did not know what they could and could not do in a union organizing…
Photo by Markus Spiske on Unsplash I’m not going to name names here, but two of the men in my family are obsessed with March Madness (I’m looking at you Kent State & UC). I am pretty sure I’m not going to be able to speak with them until April 9th, and maybe even later, so they can process, appreciate, and get over the drama of March Madness. This is like a 2nd Superbowl for…
Photo by Sharon McCutcheon on Unsplash Ever since the 2015 Obergefell v. Hodges Supreme Court decision that legalized same sex marriage, lawsuits based on gender identity and sexual orientation discrimination have proliferated throughout the US. For example, in 2017 the Supreme Court decided not to hear a case on transgender rights, after it had initially granted certiorari and was planning to hear the case, once the Trump Administration rescinded a directive instituted by Obama. In…
Photo by T. Chick McClure on Unsplash What is the EEOC? The Equal Employment Opportunity Commission (EEOC) is the government agency that enforces several laws relating to discrimination including those that protect employees from discrimination based on their race, color, religion, sex, national origin, age (40 and older), disability, and genetic information. It also protects employees from retaliation because they filed an EEOC charge, complained of discrimination, or testified or participated in an investigation or…
Photo by Clem Onojeghuo on Unsplash February has arrived and yet again flowers and candy hearts are flying off the shelves and many men and women are hoping/planning/expecting to ask out the man/woman of their dreams. Seems simple enough, right? Riddle me this, though. What happens when your dream man/woman works with you? Maybe you share rides together. Maybe they sit in the cubicle next to yours. What if they are your boss? Or maybe…
Photo by alan King on Unsplash Pets are an integral part of people’s lives. Sixty-eight percent of US households, a total of 85 million families, own a pet which is up from 56% of households in 1988. In 2017, Americans spent $69.5 billion on their pets. While older generations loved their pets, millennials seem to love their pets more than any previous generation and have made them an integral part of their lives.…
Photo by Richard Balog on Unsplash Alexandria Ocasio-Cortez’s campaign was fined $1,500 for failing to obtain the required worker’s compensation coverage from March 31, 2018, to April 30, 2018. As Congresswoman Ocasio-Cortez found out, being a new employer is not easy. There are tons of laws to follow, multiple entities that make and enforce the required rules and regulations, and tens of thousands of court cases explaining and refining these laws. Not only is it…
Photo by rawpixel on Unsplash Getting an unfair labor practice charge against you can be confusing. Let’s start with the basics. An unfair labor practice charge is filed by an employee or a union with the National Labor Relations Board alleging that an employer or a union violated the National Labor Relations Act. The National Labor Relations Act (NLRA) protects employees’ rights to “self-organization, to form, join, or assist labor organizations, to bargain collectively through…