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Exempt Employees: New Case Looks At Administrative Exemption From Overtime

Misclassifying an employee as exempt from overtime can cost employers potentially huge payouts of past overtime. Last year alone, the federal Department of Labor ordered employers to pay $134 million in back wages to misclassified employees. And that doesn’t count court judgments. Now a new Ninth Circuit Court of Appeals decision may cause you to […]

Americans with Disabilities Act: EEOC Updates Reasonable Accommodation Enforcement Guidance; What You Should Know Now

The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]

News Notes: New Data On Jobs With Most Injuries Requiring Time Off

According to the U.S. Department of Labor’s Bureau of Labor Statistics (BLS), truck drivers and nursing aides were the two occupations in private industry with the highest rate of injuries and illnesses requiring at least one day away from work in 2002. The BLS reports that there were 1.4 million total workplace injuries entailing at […]

Meal Periods

This meal period deal is driving me nuts. The workers on our assembly line usually work 6-hour shifts. Most of the crew want to work through the meal break, and we’d like that too—more productivity. But we have a few who insist on their meal break. And we can’t run the assembly line without the […]

News Notes: Race Discrimination Claim Upheld, Damages Reduced

In 1994, we reported on the case of a black engineer and his supervisor who sued Hughes Aircraft. The engineer claimed he was denied promotions and raises because of his race. His supervisor charged that managers pressured him to fabricate negative performance reviews about the engineer, and when he refused to comply, turned him down […]

Flex–How It Plays Out in the Real World

You may access the website here: http://www.dol.gov/odep/workplaceflexibility/ How Does Your Organization Rate? Where does your organization sit on the “flex spectrum”? This Corporate Voices for Working Families graphic helps you see where you stand: The Flexibility Spectrum No Current Use of Flexibility No flexible work options currently being used ↓ Individual Accommodations Special arrangements or […]

Are You Ready To ShakeOut?

Tomorrow, October 21, millions of Californians will practice Drop, Cover, and Hold On as part of the 2010 California ShakeOut, an annual event designed to enhance earthquake emergency preparedness throughout the state. For more information, or to register, go to www.shakeout.org.

News Notes: “Mailbox Rule” Applies To Benefit Plan Claims

Karla Schikore, a Bank of America employee, resigned and requested a lump-sum payment of her retirement benefits. She swore that she’d mailed the bank a form electing to receive lump-sum benefits more than a year before, as required under the terms of the bank’s retirement plan. Unfortu-nately, the bank said it had never received the […]

Feds Team Up With States to Increase Heat on Employee Misclassification

Using independent contractors is a way to avoid paying unemployment, Social Security and Medicare taxes, overtime and  benefits. However, if an employer is found liable of misclassifying an employee in tandem with committing wage and hour violations, DOL may fine the employer, and the employer may be assessed back wages and taxes. The U.S. Department of Labor (DOL) […]