Compliance

March 19, 2020

Emergency Paid Sick & FMLA

The Families First Coronavirus Response Act amends the Family and Medical Leave Act (FMLA) and establishes the Emergency Paid Sick Leave Act both effective April 2, 2020 until December 31, 2020. The bill basically amends the employers’ threshold from 50 or more employees to fewer than 500 employees.  The Secretary of Labor has the authority to exempt small businesses with fewer than 50 employees when the requirement would jeopardize the viability of the business. Employees who have been employed for at least 30 days are eligible for expanded FMLA leave related to childcare and employees are immediately entitled to qualified […]
March 27, 2019

“White Collar” Overtime Volley

The Department of Labor (DOL) published its proposed rule to revise the overtime exemption for so called “White Collar” positions. These include executive, administrative, professional, outside sales and computer positions that will be required to earn $679 per week or $35,308 annualized and meet the duties and salary to be exempt from overtime. More than a million workers will be affected by this ruling. Public comment is invited at www.regulations.gov by May 21, 2019. The rule will take effect after publication of the Final Rule. Most companies lived through the recent history of the DOL’s Final Rule that was to […]
February 25, 2019

Disability Awareness Month – Settlements in the Millions

Employers must be aware that 41% of all lawsuits filed by the Equal Employment Opportunity Commission (EEOC) in FY 2018 were Americans with Disabilities Act (ADA) suits. Failure to hire, failure to accommodate and attendance and leave policies resulted in settlements in the millions of dollars. The EEOC’s strategic enforcement plan is focused on eliminating barriers in recruitment and hiring that discriminate against protected classes as well as “inflexible” leave policies and systemic harassment. The EEOC is focusing on policies that exclude and screening tools that result in disparate impact on individuals of a protective class. These practices include online […]
August 28, 2017

Social Media Vigilantes

A Twitter account @YesYoureRacist started after the march in Charlottesville to solicit the identities of those who were photographed marching in the Unite the Right rally. The social media campaign used those identities to encourage employers of the protesters to terminate the protesters’ employment.  It wasn’t just Cole White who was identified and lost his job due to this social media campaign. His well-documented story presents an example for employers. The Top Dog restaurant in California denied firing White. Their statement to the Washington Post said Cole voluntarily resigned and we accepted his resignation. It went on to say, “We […]