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FLSA Lawsuits Show Steep Learning Curve for Employers Offering Unpaid Internships

Employers using unpaid interns need to be wary as lawsuits challenging the structure of these unpaid jobs continue to crop up. In recent years, several high-profile lawsuits — primarily in the publishing and entertainment industries — have highlighted the exposure employers can face. Plaintiffs generally allege they were doing the work of employees and were […]

Medical Clinic Cited for FMLA Violations, Ordered to Pay Back Wages

The U.S. Department of Labor has cited Houston Ear, Nose & Throat Clinic, LLP, for multiple violations of the Family and Medical Leave Act, and has ordered the clinic to pay $17,390 in back wages and other expenses. A DOL investigation found that when an eligible HENTC employee returned from FMLA leave, the company placed […]

Bill Making Transit Parity Permanent to Be Introduced

A bill to restore parity between mass transit and qualified parking benefits will be introduced in the U.S. House of Representatives by Del. Eleanor Holmes Norton, D-D.C., she announced Feb. 10. The limits, dictated by tax Code Section 132, have been unequal since that part of the tax Code was written, although Congress several times […]

HR Metrics: Don’t Go to Management Without Them

Yesterday’s Advisor covered key problems with HR metrics and suggested several metrics best practices. Today, more recommended metrics, plus a timely audio conference to answer your key metrics questions. Dr. John Sullivan, metrics guru, professor of management at San Francisco State University, and blogger on www.ere.net, adds to his list of recommended human resource metrics […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

branding

How to Create and Promote an Employer Brand to Attract Desirable Candidates

Although 60% of CEOs think that their employer brand lies solely with them, research also indicates that 69% of job applicants are more likely to apply to a job for employers that actively manage their employer brands. So, recruiters should be heavily involved with creating and managing their employer brand, too.

Agency FAQs Address Many Unanswered ACA Concerns

By Benjamin J. Conley, JD Late last year, the Internal Revenue Service (IRS), U.S. Department of Labor (DOL), and the U.S. Department of Health and Human Services (HHS) issued IRS Notice 2015-87, a series of 26 frequently asked questions (FAQs) addressing a range of unanswered questions under the Affordable Care Act’s (ACA’s) employer mandate and […]

Occupational Health and Safety Law May Apply to Nonworkers

A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense – the customer needs medical attention and the police have to investigate the incident. Surely your obligations […]