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In this article series, we provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements. In our previous article, we explained FLSA’s minimum wage provisions and a few exemptions. In this article, we discuss how they apply to tipped employees and piece-rate workers.
Workplace investigations can be time consuming and exhausting—but, despite that, they’re not a time where it’s okay to cut corners. When conducting an investigation, the organization must always remember that it’s not only seeking to resolve the issue at hand, it’s also seeking to minimize the risk of future lawsuits and do everything properly in […]
The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate.
A pilfering employee of an assisted living facility resigned before she was caught. Can her new employer terminate her for something she did at her previous job?
The West Virginia Supreme Court of Appeals recently offered employers some guidance—and perhaps some encouragement—in determining whether an employee is a “qualified individual with a disability” and, more important, what’s “reasonable” when you’re accommodating an employee during the initial training period.
On May 11, Governor Bill Haslam signed a new law that gives private employers in Tennessee more flexibility in paying wages and other compensation. The law took effect immediately.
Presenteeism refers to the situation in which employees are at work, but they are not as productive as they could be because they’re not feeling well—but they’re not feeling sick enough to take a day off, or they don’t have days off to take.
There are a lot of factors at play keeping employees in the workforce longer than before. For example, for many years, pensions have been on the decline (only a small minority of employers offer them now—meaning employees have more responsibility to save for their own retirement and may need to stay working longer in order […]
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