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U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies
By Justin R. Barnes & Jeffrey W. Brecher, Jackson Lewis Attorneys at Law Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA),...
U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies
By Justin R. Barnes & Jeffrey W. Brecher, Jackson Lewis Attorneys at Law Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA),...
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HR Compliance Update | January 13, 2025
FEDERAL UPDATES ACA Reporting Requirements – Effective January 1, two new laws alter employer requirements under the Affordable Care Act. Until now, Applicable Large Employers (ALEs; 50+ FTEs) have been required to automatically provide Form 1095-C to full-time...
Acceptance Versus Agreement: How the Truth Leads to Organizational Success
In the world of business, success is often synonymous with making the right decisions. Yet, surprisingly, many organizations build their futures on something far less than 100% truth. This rule, "Demand 100% of the Truth," while seemingly obvious, holds a profound key...
EEOC Sues Crane Business for Title VII Violations
Small and midsize business owners need to be acutely aware of the significant consequences associated with racial discrimination and harassment in the workplace. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against one of the...
Family Amusement Center Fined $167,000 From DOL for Child Labor Violations
Recent investigations by the U.S. Department of Labor (DOL) into the employment practices of entertainment center operators have uncovered serious violations regarding child labor, minimum wage, and overtime regulations. The DOL's Wage and Hour Division found that...
Industry-Wise Breakdown: How Different Sectors Approach 401(k) Retirement Planning
Retirement planning, while universally essential, manifests differently across diverse industries. Each sector, influenced by its unique challenges and opportunities, molds a distinct approach to 401(k) plans. This comprehensive exploration dives deeper into the...
Crucial Strategies for Effective Performance Management in Remote Work Settings
In today's dynamic business landscape, the transition to remote work has fundamentally changed the way managers evaluate and manage their employees' performance. As businesses increasingly embrace remote work arrangements, the need for effective performance management...
Labor Agency to Pay $32,371 in Settlement with EEOC for Disability Discrimination
Small and midsize business owners should take heed of the significant financial and legal consequences associated with disability discrimination in the workplace. A Ohio-based nonprofit specializing in workforce development, recently agreed to pay $32,371 to settle a...
Build Unity and Improve Performance With This Tactic
A groundbreaking book titled "Belonging Rules: Five Crucial Actions That Build Unity and Foster Performance" delivers promising insights for leaders and organizations alike. The book introduces five key principles, known as the "belonging rules," that provide a...
Agricultural Equipment Company Fined $145,000 by DOL for Violating Whistleblower Provisions
A recent case involving a Vermont agricultural equipment company sheds light on the importance of adhering to employment laws and protecting employees who report concerns about environmental harm. The U.S. Department of Labor (DOL) stepped in to ensure that the...
DOL Fines Healthcare Service Provider $324,049 for Back Wages and Damages
In a recent triumph for employee rights, the U.S. Department of Labor (DOL) secured a consent order compelling the owner and administrator of an Illinois-based home care and healthcare provider to pay a staggering $324,049 in back wages and liquidated damages. This...
Sawmill Operator Faces $218,759 in Penalties After OSHA Investigation
In a tragic incident that highlights the critical importance of workplace safety, a federal workplace safety investigation has uncovered fatal safety hazards at a timberland and sawmill facility in Arkansas. The U.S. Department of Labor's Occupational Safety and...
Navigating Proposed FLSA Changes: A Strategic Approach for Employers
The proposed changes to the Fair Labor Standards Act (FLSA) are poised to bring significant shifts in employment regulations, particularly regarding salary thresholds for exempt employees. For employers, this calls for a thoughtful and strategic approach to ensure...
Pregnant Workers Fairness Act Proposed Regulations: Takeaways for Manufacturing Industry
By Stephanie E. Satterfield & Gunner S. Hedden with Jackson Lewis P.C. The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) must issue final regulations to implement the PWFA by Dec. 29,...
EEOC’s Proposed Guidance on Harassment in the Workplace
By Stephanie L. Adler-Paindiris, Stephanie E. Satterfield, Samia M. Kirmani & Joseph C. Toris with Jackson Lewis P.C. The Equal Employment Opportunity Commission (EEOC) released its revised “Proposed Enforcement Guidance on Harassment in the Workplace” on Sept....
DOL Fines Nursing Care Service Provider $314,000 in Back Wages and Damages
In a cautionary tale for small and midsize business owners, the U.S. Department of Labor (DOL) has successfully recovered $314,211 in back wages and liquidated damages for 91 workers in Mississippi. These employees, who provided essential services in the healthcare...
DOL Investigation of Manufacturing Facility Leads to $158,051 in Penalties for OSHA Violations
A recent investigation by the U.S. Department of Labor (DOL) has revealed concerning safety violations in a manufacturing facility, serving as a crucial reminder for small and midsize business owners about the importance of compliance with federal safety standards....
Importance of Protecting Employee Information as Privacy and Cybersecurity Laws Proliferate
By Jason C. Gavejian & Joseph J. Lazzarotti with Jackson Lewis P.C Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against...
What Is Earned Wage Access for Employees?
Earned wage access (EWA) is a term often heard among employers in the retail and hospitality industries. EWA may be referred to as instant pay, earned income, early wage access, accrued wage access, or on-demand pay. In the UK, the product is referred to by the...
Horse Trainer to Pay $205,000 in DOL Penalties
Small and midsize business owners should be vigilant when it comes to complying with employment laws. A recent case involving a horse training business serves as a stark reminder of the consequences of non-compliance with federal worker programs. The U.S. Department...
Wire Drawing Company Faces $299,339 in Penalties for OSHA Violations
In a recent federal investigation, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) discovered severe safety violations at a Texas wire drawing company. The investigation revealed that a wire drawing company, willfully exposed its...
HR Compliance Update | October 13, 2023
FEDERAL UPDATES Federal Contractors. The minimum wage for certain federal contractors with contracts entered into, renewed or extended on or after 1/30/22 will increase to $17.20 effective January 1, 2024. Affected contractors include those with: Procurement...
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