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The Supreme Court’s recent ruling in Trump v. CASA that banned federal district court judges from issuing nationwide injunctions was met with mixed feelings among employer groups. Some of the most well-known injunctions were sought by employers—against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate, federal contractors’ minimum wage, certain expansive pregnancy regulations, and […]
Q: Are there any exceptions to meal and rest break requirements? Can we allow employees to waive their meal breaks if they work six hours instead of eight? Federal law doesn’t require employers to provide employees with meal and rest breaks. Requirements for such breaks are often addressed under state law. As a result, break […]
The Equal Employment Opportunity Commission (EEOC) has filed only 16 lawsuits so far in 2025, far below the 36 filed at this time last year. Of the 16 lawsuits, six are sexual harassment, three are religious discrimination, three are disability discrimination, two pregnancy discrimination, and one each are age discrimination and national origin discrimination. At […]
Q: One of our hourly, nonexempt employees is attending our company’s annual conference that includes activities after 5 p.m. Are we required to pay them for the time spent traveling to the conference, as well as for the events attended after 5? Would this time count toward overtime? Under the Fair Labor Standards Act (FLSA), […]
Q: If we send an employee to another country for a three-month assignment, are we required to pay overtime under the Fair Labor Standards Act (FLSA), or can we just pay a daily rate? Must we follow the pay regulations of the country the employee will be working in? Employers aren’t required to pay overtime […]
The Family and Medical Leave Act (FMLA) continues to baffle lawyers and HR professionals. But sometimes a riddle brings welcome news, as we see in a recent decision from the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas). Read on. Where’s the Beef? Virginia Adams worked for Columbia/HCA Hospital. She […]
Many employers implement wellness programs into their employee health plan offers. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain biometric thresholds encouraging healthy living (LDL cholesterol, glucose, blood pressure, BMI). Noncompliant programs have become a frequent target for employees’ lawyers, arguing certain designs violate nondiscrimination […]
Q: Can a pregnant employee start her 14 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten her amount of postpartum leave? The FMLA guarantees 12 weeks of unpaid leave within a 12-month period. For pregnant employees taking leave to bond with their newborn child, this period […]
HR professionals often implement call monitoring to support employee development, improve customer service, and ensure policy compliance. These are valid goals. But without a legal framework backing these efforts, the risk of unintentionally violating employee rights is high. Even when intentions are good, execution still matters. Monitoring without a clear policy—or in ignorance of state […]
More employers are using biometrics for timekeeping and security review. The biometric identifiers most frequently used by employers are face scans (“facial recognition”), fingerprints, voiceprints, and video surveillance. Although only five states regulate the use of biometrics—Illinois, New York, Texas, Vermont, and Washington—common-law invasion/breach-of-privacy claims are available to everyone. So, establishing a biometrics policy can […]