Tag archive: employees

Federal Contractors: Are You Complying With New Paid Sick Leave Requirements?

Executive Order 13706 established paid sick leave requirements for federal contractors and subcontractors and went into effect on January 1, 2017. Non-complying contractors are subject to monetary damages, attorneys’ fees, equitable relief, and/or debarment from future contracts. How Many Hours Of Paid Sick Leave Are Required? Fifty-six (56) hours annually. Unless employers elect to give…

NLRB Rules on Strategy for Loss of Majority Support

On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.

A Primer on the New Missouri Right to Work Law

What does Right to Work Mean?

Employers are barred from: requiring employees to become, remain, or refrain from becoming a member of a labor organization; or pay dues or other charges required of labor organization members as a condition of employment.

EMPLOYER ALERT: It May Soon Be Illegal to Ask Potential Employees to Disclose Their Previous Salary

On August 1, 2016, Massachusetts became the first state to bar employers from asking about an applicant’s salary before offering them a job. Bill S.2119, which goes into effect January 1, 2018, states that it shall be an unlawful practice for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer. The law does not prohibit prospective employees from voluntarily disclosing such information. Further, an employer may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated.

New Illinois Child Bereavement Leave

Governor Bruce Rauner signed the Child Bereavement Leave Act into law on July 29, 2016. The Law requires employers with at least fifty (50) employees to provide up to ten (10) working days of unpaid leave for the loss of a child.

EMPLOYER ALERT: Remember EEO-1 Reports Are Due September 30th And Beware For Next Year— Substantial New Wage Reporting Responsibilities Are On The Horizon

The September 30, 2016, due date for employers to file their annual EEO-1 reports with the Equal Employment Opportunity Commission (EEOC) is on the near horizon. Private employers with 100 or more employees, and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more, should take the appropriate measures to file their reports on time.

FMLA Update: Critical Analysis of Voluntary Overtime Becoming Mandatory for Calculating Intermittent FMLA Leave Benefits

Recently, in Hernandez v. Bridgestone Americas Tire Operations, LLC, the U.S. Court of Appeals for the Eighth Circuit held that where overtime is considered mandatory an employer may deduct missed shifts from an employee’s allotted intermittent leave allotment under the Family and Medical Leave Act of 1993 (FMLA), but that the employer must also include mandatory overtime hours when calculating an employee’s total FMLA-leave allotment. Failure to do so constitutes an FMLA interference claim.

Keep Your Workplace Safe — OHSA At It Again!

The anti-business Occupational Safety and Health Administration continues its onslaught of burdensome regulations on American business. The “stick it to the company” philosophy is no more evident than with its new increased penalties. As of August 1, 2016, OSHA penalties will increase.

DOL Regulations: New Exempt Employee Salary Thresholds Are Here Now

Last year, the Department of Labor published a Notice of Proposed Rulemaking signaling a drastic impending change to the salary threshold requirement for employers to classify certain jobs as exempt from overtime and minimum wage. Since that time, we have been working with clients on workforce analysis and planning, including budget forecasting, to determine the best and most cost-efficient way to adapt to the changes to come.

Employer Alert: New Federal Law Protects Company’s Trade Secrets But Employers Must Take Steps To Gain The All Of The Benefits Of The Act

On April 27th Congress passed the Defend Trade Secrets Act of 2016 (S.1890 (DTSA) and sent it to President Obama, who has indicated he will sign it into law. Employers will now be able to utilize federal courts and new remedies to protect themselves against the theft of trade secrets and illegal competition. This allows trade secret holders the option of going directly to federal court—with its certainty of rules, standards, and practices—and avoiding the potential uncertainty and delay of busier state courts.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

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