Legal Solutions At Work

The use of criminal histories in hiring continues to prove challenging and costly for employers. As we have previously written, employers can face liability if they fail to follow the proper procedures when conducting background checks (for example, compliance with the Fair Credit Reporting Act, (FCRA)). However, even if the procedure is proper, employers can… More

Ushering in 2020 means setting lofty resolutions to get more organized, be healthier, and comply with the U.S. Department of Labor’s (“DOL”) two new regulations that take effect this month. New FLSA Minimum Salary Threshold Increase If you have salaried employees earning less than $35,568 per year, regardless of their duties, those employees are likely… More

On September 19, 2019, the Department of Labor announced minimum wage increases for individuals who work on or in connection with federal contracts. Beginning January 1, 2020, covered workers must be paid a minimum of $10.80 per hour and covered tipped employees must be paid a cash wage of at least $7.55 per hour. Executive… More

In a September 27, 2019 filing in the U.S. District Court for the District of Columbia, the Equal Employment Opportunity Commission (EEOC) revealed that with the September 30, 2019 filing deadline looming, only 39.7% of eligible filers had submitted the required EEO-1 Component 2 pay data. With this percentage falling far short of the 72.7%… More

Earlier this week, the Department of Labor (“DOL”) released its much-anticipated final rule setting a new minimum salary threshold for the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions. Anticipated to take effect January 1, 2020, the final rule increases the minimum salary threshold to $684 per week or the equivalent of $35,568 per year. Additionally,… More

On July 1st the Equal Employment Opportunity Commission announced the EEO-1 Component 2 submission deadline is on or before September 30, 2019. The EEOC also released guidance for the proper submission of EEO-1 Component 2 compensation data for 2017 and 2018 in advance of the July 15th activation of the online portal for filing. In… More

Key Takeaways: Employers should ensure that their parental leave policies provide gender-neutral benefits and are applied in a non-discriminatory manner. Now is a great time to review your handbook for legal landmines. Recently, JPMorgan Chase reached a proposed settlement agreement in which they would pay a historic 5 million dollars to settle a class-action lawsuit… More

Key Takeaways: • Records that must be provided to employee: records pertaining to dates of employment, wages or salary during employment, job description and job title, and any injuries sustained by the employee during employment • Compliance is required within 30 days of written request • Subpoena and/or damages may result for failure to comply… More

Do you think you are being a generous employer by allowing your employees to use their accrued paid leave as additional FMLA-protected leave? Or by delaying the start of their FMLA leave by allowing them to use accrued paid leave first? Not so fast, because no good deed goes unpunished. On March 14, 2019, the… More

Guest Post from my colleague Joy Einstein: Entrepreneurs have been advancing new business models for connecting customers with a variety of on-demand services, like Uber, Airbnb and Postmates. With these new advances, the law is struggling to keep up with how workers in the “gig economy” should be classified for tax, minimum wage and overtime,… More