Author: Diversity Insight

FLSA Claims Continue to Rise

In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job. The number of wage and hour cases began to climb as a […]

Pushing the Limits of PDA

When last night’s episode originally aired on February 10, 2011, I noted that the Scranton office more closely resembled a nightclub at the height of the sexual revolution than a reputable place of business — see my original commentary entitled “Let’s Get It On.” I discussed recent findings on the prevalence of workplace dating, as well […]

Who Is Exempt under the FLSA?

by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]

Departments Issue PPACA Regulations on Waivers for State Innovation

The U.S. Departments of Health and Human Services (HHS) and the Treasury recently issued proposed new regulations under the Patient Protection and Affordable Care Act (PPACA) that outline the steps states must take to acquire Waivers for State Innovation. Under the PPACA, in 2017, states will be able to ask for such waivers to allow […]

Canadian Corporate Directors’ Liability for Unpaid Wages in a Unionized Environment

By Kevin O’Neill Employment standards acts (ESAs) across Canada impose certain personal liabilities on directors or officers regarding unpaid wages of a company. The potential amounts and the circumstances in which such personal liability may arise vary from one jurisdiction to another. In British Columbia (BC), the ESA imposes liability on directors or officers for […]

Hot List: Wall Street Journal’s Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan. 1. Tell to Win: Connect, Persuade, and Triumph with the Hidden Power of Story by Peter Guber. Shows how to move beyond soulless Power Point slides, facts, and figures to create purposeful […]

Wild Thing, I Think I Loathe You

Dan read the following timely column by California Employment Law Letter editor Mark Schickman and thought Oswald Letter readers would enjoy it. Dan will be taking off next week but will return to his weekly column the following week. by Mark Schickman You’ve got an employee, Charlie, who has always been a wild thing. Too […]

Saying Goodbye

It’s “déjà vu all over again” for this blogger, who already saw and wrote about tonight’s episode of The Office — both when it was being filmed and as it later aired. What then to post? Well, for good or ill, recent events in the broadcasting world have shed light on an important and recurring […]

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]

Coming Soon: New Regime for Canadian Temporary Work Permits

By Isabelle Dongier Foreign workers can be an important source of labor for Canadian employers, permitting them to fill shortages in a variety of professions and industries. In an attempt to better protect vulnerable foreign workers from what the government has called unscrupulous employers and agents, the Canadian government will introduce a new regime for […]