Library

September 26, 2016

Retaliation Tops the Charts

Retaliation is the most frequent Equal Employment Opportunity Commission (EEOC)  charge. The EEOC’s fiscal year is October 1, 2015 to September 30, 2016.  The latest numbers will be available in six to eight weeks. It is a safe bet that it will top the charts again this year. Retaliation has been the leading charge since 2009. It tied race discrimination in 2008 and has increased its lead ever since.  The EEOC has released   Enforcement Guidance on Retaliation and Related Issues which is likely to increase these charges. Retaliation is defined as when an employer takes a materially adverse action because […]
August 22, 2016

Working with Alcoholics

Alcoholism can qualify as a disability and disabled individuals are considered a protected class of employees. Balancing a protected alcoholic individual’s rights and enforcing work rules is not difficult as long as the employer knows the guidelines imposed by the American with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC), the Family Medical Leave Act (FMLA) and Occupational Safety and Health Administration (OSHA). Employers also need to keep state discrimination and leave laws in mind. It sounds complicated, but it is not. Employers can write and enforce rules about drugs and alcohol in the workplace. The Ninth Circuit noted […]
July 22, 2016

White Collar Overtime Rules

The new overtime rules are happening. The Final Rule is out and becomes effective December 1, 2016. There is plenty of evidence that the Department of Labor (DOL) listened to its more than 300,000 comments on the proposed legislation. The Department is required to provide employers with at least 60 days to comply. It provided six months and the clock is ticking. The new minimum salary is $913 a week, $47,476 annually. It is still more than twice the current minimum salary which was set in 2004, yet less than the proposed rule. The DOL established a 40th percentile of […]
June 17, 2016

The Intermittent FMLA Scrimmage

The Family Medical Leave Act (FMLA) entitles employees to take an unpaid, job protected leave. It affects employers with 50 or more employees to assist employees in balancing the demands of the workplace with family needs. Eligible employees may take time off to care for themselves and their families. Employees are entitled to up to twelve weeks off in a year in most cases, and 26 weeks off for military caregiver leave. Most employers understand the need and abide by the regulations. The record keeping of intermittent leave poses a burden to some employers. Time off may be taken in […]