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Employer Compliance: New Salary Minimum From The Dept of Labor

The Fair Labor Standards Act sets national standards for wage and hour issues related to employees. The law empowers the Department of Labor to set eligibility standards for overtime pay as well as a series of exemptions for it. On March 7th, 2019, the Department of Labor issued a Notice of Proposed Rulemaking that will change those eligibility standards significantly.

Avoiding Expensive Wage And Hour Litigation As Overtime Rates Are Solidified

 

The Fair Labor Standards Act sets national standards for wage and hour issues related to employees. The law empowers the Department of Labor to set eligibility standards for overtime pay as well as a series of exemptions for it. Employees who qualify for overtime under the law receive time-and-a-half pay for hours worked more than forty hours a week. Time-and-a-half pay is a 50% increase to the employee’s “regular rate of pay.”

What Companies Need To Know Before Implementing A Biometric Security Protocol

 

The increased ability to use biometric data for a variety of purposes has the potential to improve security and privacy in the cyber world significantly. Voice recognition software, fingerprint IDs, facial recognition software are all touted as ways of preventing unauthorized access to computer systems and improving security.

Why #MeToo Should Have Businesses Looking At Their Insurance Policies

The #MeToo movement is proving how social media affects the workplace, in this case the culture. While some commentary is concerned with the validity of claims or support of victims, there is no question that it has significantly increased the pressure on employers to prevent sexual harassment in the workplace. Many employers have responded by increasing workplace training and updating their employment policies.

State And Federal Laws Have Differing Views On  Employer Standards And Rules

Developments over the last few years in federal labor law have generated a lot of discussion and analysis. Regulations and decisions affecting joint employer liability and the definition of employees at the federal level obviously draw the attention of employers. Its easy to overlook though that each state is often free to establish their own standards and tests for determining these questions; those standards may sometimes conflict with federal law.

NJ Businesses With Independent Contractors Expecting Tightening Regulations

The classification of workers as independent contractors or employees continues to draw aggressive state action. These classifications can significantly impact a host of employment-related areas, but the reason why states involve themselves so much in these determinations often center around taxation issues. To this end, New Jersey recently updated its regulations to make it significantly harder for companies seeking an exemption from unemployment taxes to classify their workers as independent contractors, and it will have a big impact on trucking companies.

NLRB Joint Employer Update On Browning-Ferris For Fall 2018

 

 The next step in the long running saga over the Browning Ferris rule has finally arrived. After the National Labor Relations Board issued its decision in Browning-Ferris in 2015, a wave of lawsuits, regulatory challenges, and attempted legislative overrides put the future of that decision into doubt. An overturning of the rule became a key focus of the new administration in charge at the National Labor Relations Board. The board even issued a decision that purported to overturn the rule only to have that decision retracted due to an ethics issue. Now, on September 13, 2018, the Board has issued a new proposed regulation that seek to overturn the Browning-Ferris decision.

Port Trucking Providers To Share Responsibility For Labor Violations With Retail Companies

Labor issues have been causing headaches in the trucking industry for a long time.  The industry seems perpetually short of qualified drivers.  Ensuring drivers stay compliant with applicable rules on driving times and record-keeping presents a different set of challenges.  On top of that, some companies have caused problems by violating labor laws, refusing to pay labor judgments, and thus undercutting their competition.

New Handbook Rules From NLRB Are More Employer-Friendly

As part of a widespread regulatory overhaul, the National Labor Relations Board recently issued new guidance on employee handbooks. The new handbook rules are considerably friendlier to employers than the old rules, and the NLRB has tried to provide employers with clear examples of how to remain in compliance with the new guidelines. The guidance results from a case decided by the NLRB in December 2017, The Boeing Company, which overturned a previous Bush II era case that imposed much stricter guidelines for acceptability when reviewing provisions of employee handbooks.

Businesses Should Be Realistic With Non-Compete Clauses

 

Employment contracts can represent a large area of potential risk for modern businesses.  Many companies are used to thinking of their employment practices as an area where lack of diligence can lead to massive lawsuits.  Most realize that solid employment contracts  can protect them from potential lawsuits by laying out clear expectations for the employer-employee relationship and through agreements to engage in methods of alternative dispute resolution.  Still, the contracts, whether as a separate document or through the use of an employee handbook that serves as a binding contract, can lead to several potential landmines for the unwary.