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FLSA Exemptions: How Many Workers Must Report to a Working Foreman to Make Him or Her a ‘Supervisor’?

We have a lot of production workers, several “working foremen,” and a few supervisors. A foreman has said that because of the number of people working under him (10 employees), he should be paid as a supervisor. So now we’re trying to sort out the distinction between workers, working foremen, and supervisors. Is there a […]

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Is a New Employee Required to Have an SSN?

When hiring a new employee, most employers understand that national origin is a protected class that cannot be discriminated against. They also understand that they are required to use the I-9 process to verify work eligibility in the United States and that I-9 asks for an employee’s Social Security number (SSN), among other things.

Exceptions Timekeeping Is Legal—But It’s a ‘Horrible’ Idea

Employers would be wise to ignore the U.S. Department of Labor’s (DOL) regulations and guidance that permit exceptions timekeeping under the Fair Labor Standards Act (FLSA). The department says that the practice is fine, but experts warn that it sets employers up to violate another DOL mandate: “complete and accurate” time records.

College Shoots ‘Airball’ in Basketball Coach’s FMLA Lawsuit

An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up an appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a college coach. The ruling contains multiple lessons for all Texas employers covered by the Act.

Remote Work in Times of Crisis: 3 Threats to Employee Engagement

Did you know that the number of remote workers has grown by 140% since 2005? That’s what data from Global Workplace Analytics indicate. Now consider this: 80% of employees reported they’d be more loyal if they had more flexible work options, such as working from home. These numbers prove my point: Remote work has tremendous […]

Why You Should Establish a Bereavement Leave Policy

In the past few months, I’ve spent every week, if not every day, updating or creating employee handbooks for businesses of all sizes. During that time, I’ve often found myself answering questions about bereavement leave. Most often, employers ask whether their state requires them to offer paid bereavement leave. When I answer their questions, I […]

Can Individual Managers Be Held Liable for Wrongful Discharge? The Answer May Surprise You

By Jonathan Mook Virtually all states recognize a common law tort claim of wrongful discharge in violation of a state’s established public policy. In most instances, a lawsuit alleging such a claim is brought solely against the plaintiff’s former employer. But may a suit be brought not only against the employer, but also against the […]

How to Keep Older Workers Engaged on the Job

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 […]