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Is $95K PowerPoint Preparer Exempt from Overtime?

“Artistic” exemption? Is an employee who earns $95,000 preparing PowerPoint® presentations for very high-level financial presentations exempt from overtime under the Fair Labor Standards Act (FLSA) “artistic exemption”? “Probably not,” in the opinion of Attorney Myron Moye, speaking at the BLR® National Employment Law Update running this Monday through Wednesday (October 19-21) in Las Vegas. […]

Foreign Workers: Tips For Hiring—And Firing—Workers On H-1B Visas

Many employers that hired foreign workers on H-1B visas during boom times are now struggling with how to lay them off in light of the economic downturn. And other employers are contemplating hiring H-1B visa holders who are now looking for work. We’ll detail your special obligations when hiring or terminating workers on H-1B visas.

Employers May Be Eligible for Tax Break Under HIRE Act

The Hiring Incentives to Restore Employment (HIRE) Act (H.R. 2847), a jobs bill President Barack Obama signed into law on March 18, 2010, provides tax breaks to employers that hire unemployed workers or individuals who were only working part-time in 2010. Under the HIRE Act, qualified employers could receive a payroll tax incentive and a […]

Working Out …at Work

By Kyle Emshwiller Looking for a way to keep workers engaged during work? Motivate them to fit in exercise during working hours. As we reported in last week’s column, sitting for a long period of time each day can lead to serious health effects. In addition to improving the health and wellness of employees, having […]

Minneapolis shooting a reminder to be on guard against workplace violence

by Tammy Binford The September 28 shootings that killed six at a Minneapolis business put employers on notice that workplace violence can occur with no warning. Other times, though, there are signs that employers should heed. The October issue of Minnesota Employment Law Letter contains an article titled “Employers look anew at preventing violence in […]

White Paper on DOL’s new ‘blacklisting’ rule now available

Attorneys with Fortney & Scott, LLC, in Washington, D.C., who edit Federal Employment Law Insider, sprang into action after the U.S. Department of Labor (DOL) issued final regulations on August 25 implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule. The controversial rule will require federal contractors and subcontractors to disclose […]

U.S. Appeals Court Permits Dunkin’ Donuts Managers’ Overtime Claims to Proceed

By Susan G. Fentin, Skoler, Abbott & Presser, P.C In another of what promises to be a long line of cases in which courts consider whether working managers have been properly classified as exempt from overtime under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, […]

EEO Training Makes Economic Sense Even in the Worst of Times

By Sam R. Fulkerson According to the Equal Employment Opportunity Commission (EEOC), 93,277 workplace discrimination charges were filed nationwide during 2009 ― the second-highest level ever ― and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and national […]

flu

Time to make sure you’re ready for flu season

Ebola may be grabbing headlines, but it’s the old familiar flu that’s more likely to cause headaches and chills for employers this winter. Flu.gov reports that nearly 111 million workdays are lost as a result of flu each season. That puts the tab at approximately $7 billion per year in sick days and lost productivity.  […]

HSAs and HRAs: Which Are Faring Better in the Health Plan Market?

Which is faring better in today’s health insurance market—health reimbursement arrangements or health savings accounts? To find out, United Benefits Advisors (UBA) surveyed more than 10,000 employers representing more than 5 million total lives for its special report, 2015 Health Plan Survey, “HSAs and HRAs: How They’re Doing. UBA broke out the survey data on how employers […]