Category: Employment Law

FLSA ALERT:  Texas Federal District Court Issues Injunction Preventing Implementation of FLSA Salary Increase

On May 21, 2016, the US Department of Labor (DOL) issued new overtime regulations that increased the salary threshold for certain exempt employees, increasing it from $455 per week (or $23,660 per year) to $913 per week (or $47,476 per year).  These changes were to be effective on December 1, 2016. However, on November 22,…

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POSTED IN: Employment Law, News

Massachusetts Equal Pay Act Increasing Employee Liability for Gender Based Pay Inequities

In August, Governor Charlie Baker signed the comprehensive pay equity bill into law which was unanimously passed by both the Massachusetts House and Senate (the “Equal Pay Act”).  The new law amends Massachusetts’ equal pay law, which was originally passed in 1945.  The bill is designed to better define comparable work and to ensure that…

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POSTED IN: Articles & Quotes, At Your Service, Employment Law, Hospitality & Retail Services, News

Substance abuse in the workplace: Legalization of marijuana requires employers update policies and procedures

Substance abuse negatively affects employers through lost productivity, absenteeism, low morale, higher turnover, increased accidents and increased health costs. The Working Partners Report, a study sponsored by the U.S. Department of Labor, and the SBA, and Office of National Drug Policy Control, estimates that 38 percent to 50 percent of all workers compensation claims are related to substance…

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POSTED IN: Articles & Quotes, Employment Law

Overtime Regulations Revised: Department of Labor Issues Final Fair Labor Standards Act (FLSA) Regulations to Increase the Salary Threshold for Exempt Employees

Yesterday, the U.S. Department of Labor (DOL) released its final regulations related to the FLSA’s “white collar” exemptions, which apply to executive, administrative, and professional employees. Here are the key points on what has been changed: Salary Threshold Has Increased To $913/week In order for an employee to qualify for a white collar exemption, his…

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POSTED IN: Articles & Quotes, Employment Law, Hospitality & Retail Services, News

UPDATE: Final Publication of Department of Labor Proposes FLSA Regulations to Increase the Salary Threshold for Exempt Employees is Imminent

On June 30, 2015, the U.S. Department of Labor announced its proposed revised regulations related to the Fair Labor Standard Act’s “white collar” exemptions, which apply to executive, administrative, professional, outside sales and computer employees. The publication date of the final regulations remains uncertain, but a growing consensus is that they are likely to be…

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POSTED IN: Articles & Quotes, Employment Law, Hospitality & Retail Services, News

Retailers and Restaurants Beware: Liability shift for EMV Chip Credit Cards

As of October 1, 2015, a liability shift has occurred between credit card companies and retailers/restaurants with regard to EMV chip cards. EMV, which stands for Europay, MasterCard and Visa, is a global standard for cards equipped with chips and the reader technology used to authenticate chip card purchases.  In the wake of widely publicized…

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POSTED IN: Articles & Quotes, Employment Law, Hospitality & Retail Services, News

Department of Labor Proposes FLSA Regulations to Increase the Salary Threshold for Exempt Employees.

On June 30, 2015, the U.S. Department of Labor announced its proposed revised regulations related to the Fair Labor Standard Act’s “white collar” exemptions, which apply to executive, administrative, professional, outside sales and computer employees.  These long-awaited revisions are in response to President Obama’s March 2014 Memorandum directing the DOL to “modernize and streamline” the…

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POSTED IN: Employment Law

Massachusetts Sick Time Law – How This Statute Affects All Employers

Last Tuesday, Massachusetts voters approved a ballot petition requiring employers to provide sick time to their employees. Given that many employers already provide employees with some form of paid time off (PTO) benefits, there is a temptation to simply ignore the requirements of this statute. However, the Sick Time Law will affect virtually all employers,…

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POSTED IN: Employment Law

Spurned Lover’s Heartache Becomes Employer’s Headache… and Now Liability

First Circuit finds that employer can be liable for jilted co-worker’s actions to get employee fired. On May 23, 2014, the First Circuit Court of Appeals, in Velazquez-Perez v. Developers Diversified Realty Corp., found that an employer can be liable for the actions of a jilted co-worker that caused the plaintiff’s termination.  In this issue of first…

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POSTED IN: Employment Law

Sixth Circuit Court of Appeals Affirms EEOC’s Long-Held Position That Telecommuting Can Be A Reasonable Accommodation Under the ADA

In EEOC v. Ford Motor Co., the Sixth Circuit recently found that an employee request to telecommute “as needed” could be a reasonable accommodation under the Americans with Disability Act (ADA).  This is not a new concept under the ADA.  Since as early as 2005, the U.S. Equal Employment Opportunity Commission (EEOC) has cautioned employers that requests to…

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POSTED IN: Employment Law