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Showing 31 posts in Department of Labor ("DOL").
Job Descriptions & Performance Reviews – a Recap of the McBrayer & Business First Seminar
Just yesterday, Business First and McBrayer sponsored the second part of a two-part seminar entitled “Lessons in Workplace Liability.” Amy D. Cubbage and Cynthia L. Effinger, McBrayer Employment Law attorneys, explained to attendees how job descriptions and performance evaluations can be used as powerful legal tools to limit liability for discrimination-based claims. If you were not able to attend the seminar, but would still like a copy of the materials, contact McBrayer’s Marketing Department at bpowers@mcbrayerfirm.com or 859-231-8780. We have also summarized some of the information shared by the presenters below. More >
Keeping Off-The-Clock Work On Your Radar
There are lots of things that an employer must be mindful of on an ongoing basis, but near the top of that list should be the prohibition of non-exempt employees’ off-the-clock work. This common problem can easily escape an employer’s attention, but it can have an incredibly negative and costly impact if an employee (or, employees) brings a wage and hour suit. Just ask LinkedIn. More >
The Five P’s of an Unannounced DOL Visit
Department of Labor (“DOL”) inspections are on the rise. Sometimes, advance notice is given as to when an investigator will be arriving; other times, the investigator may decide to make an unannounced visit. When an investigator shows up unannounced and ready to conduct an immediate wage and hour investigation, it can be a nerve-racking experience for any employer. The first thing to do is remain calm and approachable – you do not want to get off on the wrong foot with any federal investigator. The next thing to do? Keep in mind the 5 P’s! More >
DOL Proposes New Meaning for “Spouse” for FMLA Purposes
On June 20, the Department of Labor (“DOL”) proposed regulations to amend the Family and Medical Leave Act’s (“FMLA”) definition of “spouse.” Current FMLA regulations define a spouse as “a husband or wife defined or recognized under State law for purposes of marriage in the state where the employee resides, including common law marriage in States where it is recognized.” (emphasis added). The DOL is proposing to move from a “state of residence” rule to a rule based on the “place of celebration” (i.e., where the marriage was entered into). The proposed definition specifically includes same-sex marriages and reads as follows: More >
Guidelines for Hiring Summer Interns
Summer is upon us. For employers, that means so is the prospect of hiring summer interns. Each year, clients contact McBrayer employment attorneys about the legality of their internship programs. Hiring interns gives employers access to highly motivated, educated young workers who bring a fresh perspective to the office and (sometimes) have little to no expectation of pay in return. It seems like a win-win situation, but in recent years, the practice of hiring unpaid interns has become increasingly scrutinized by the Department of Labor. In fact, there have been several high-profile cases wherein unpaid interns have sued employers (including Conde Nast Publications, Sirius XM Radio, and Warner Music Group), alleging violations of the Fair Labor Standards Act (“FLSA”), which establishes minimum wage and overtime compensation requirements for non-exempt employees. More >
Dealing with the DOL at Your Door, Part II
Much of the anxiety that a Department of Labor (“DOL”) Wage and Hour Division (“WHD”) investigation causes is due to the mystery of the investigative process. In this case, what you don’t know can hurt you. If an employer is unaware of the process or its demands, too much or too little information may be handed over – resulting in negative consequences. Let’s take a look at how the investigation will be conducted once the DOL investigator steps inside the workplace. More >
FLSA Now Extends to Home Health Care Workers, cont.
Earlier this week, information with respect to the DOL’s Final Rule regarding FLSA protection to home health care workers, and specifically the “companionship service” exemption, was provided. Let’s now take a look at other changes ushered in by the Final Rule. More >
FLSA Now Extends to Home Health Care Workers
On September 17, 2013, the U.S. Department of Labor (“DOL”) issued a Final Rule which narrows the companionship exemption to the Fair Labor Standards Act (“FLSA”) and extends the FLSA's minimum wage and overtime protections to in-home health care workers. The regulations go into effect on January 1, 2015. The delay is designed to permit families who rely upon these workers to prepare for the changes. According to the DOL, this Final Rule will affect nearly 2 million workers. More >
Private Employers/Employees Are Not Insulated From Government Shutdown
Last week, the Federal Government entered into its first partial shutdown in over seventeen years. Federal civilian workers woke up on Tuesday to an unclear future; over 800,000 were sent home until further notice on unpaid furlough. In the event the Government cannot come to an agreement with regard to the debt ceiling in the next 10 days, there may be widespread economic ramifications for nearly every employer. In the meantime, the partial Government shutdown is resulting in inconveniences for those in the private sector. More >
Have You Posted the New FMLA Notice?
On behalf of McBrayer PLLC More >
