Category archive: Federal Regulations

DOL Plans to Announce Increased Salary Requirement in the Summer of 2016

As we previously reported, the minimum salary amount for an exempt employee since 2004 was $455/week or $23,660/annually. On July 6, 2015, the DOL announced its proposed rule which, in part, would mandate that employers have to pay an exempt employee a minimum salary of $970.00/week, or $50,440/annually.

Determining Independent Contractor Status-Eighth Circuit Weighs In

So, how do you know if your workers have been misclassified? As the saying goes, this is easier said than done. The tests used to determine whether a worker is an independent contractor or an employee are complex and often differ among jurisdictions as well as government agencies

Employer Liability for Disciplining Employees Based on their Facebook Likes…OMG?!

Social media allows people to connect with people that they know and investigate people that they do not know. Employers commonly use social media as a tool to discover information about job applicants and to monitor their employees’ online activities. However, employers should beware of the litigation potential before disciplining their employees for social media…

Why You Can Never Be Too Careful: Terminating an Employee on FMLA Leave

The short advice, of course, is think twice and carefully before deciding to terminate an employee who is taking or attempting to qualify for FMLA leave. A recent case from the Seventh Circuit Court of Appeals, Hansen v. Fincantieri Marine Group, LLC, addressed some of the perils of administering employee FMLA leave. There, at the…

EEOC Enforcement Guidance on Pregnancy Discrimination

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on Pregnancy Discrimination, which marks the first comprehensive update in over three decades. In the Enforcement Guidance, the EEOC forewarns that it will be much easier to demonstrate that pregnancy-related impairments are “disabilities” under the Americans with Disabilities Act (“ADA”). This change…

Obama Administration Enacts “Fair Pay and Safe Workplaces” Executive Order

On July 31, 2014, President Obama issued the Fair Pay and Safe Workplaces Executive Order which is intended to ensure that all federal contractors and subcontractors are “responsible sources who comply with labor laws.” In his Executive Order, President Obama emphasized that “labor laws are designed to promote safe, healthy, fair and effective workplaces” and…

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