DOL Overtime Rule Struck Down A Texas federal court has struck down the Obama-era Department of Labor (DOL) revised overtime exemption rule, which sought to more than double the salary level required for overtime-exempt workers. In order to be exempt from overtime, a white-collar employee must meet three tests: (1) the salary basis test – the employee must be paid...
Extraordinary Employee Excuses I am often surprised (and highly amused) by the excuses offered by employees to justify their misconduct. And by the fact that they’re often willing to litigate over them! A recent example of this can be found in the case of Alamillo v. BNSF Railway Co. The employee worked an “extra board” schedule, meaning that he...
Workplace Lessons From Charlottesville So, following the violent events and controversy surrounding the white nationalist/supremacist rally in Charlottesville, it was reported by Berkeleyside that an employee was fired from his job because of his participation in the rally. (The story was subsequently updated to state that the employee voluntarily resigned during a conversation with his employer about his involvement...
Be Careful About Waiving the Attorney-Client Privilege Of course clients call me for advice on how to handle sticky situations with employees – that’s a major part of my job. And they know that our communications are subject to the sacred attorney-client privilege. But what companies need to understand is that this privilege might be waived by its corporate management, including officers and directors....
DOL Withdraws Guidance Documents on Joint Employment and Independent Contractor Status Employers rejoice! The Trump administration continues to roll back the anti-business positions asserted by various federal agencies under the Obama administration, as most recently evidenced by the Department of Labor’s June 7, 2017 withdrawal of two Administrator Interpretations on joint employment and independent contractor status. In 2015, the DOL issued an Administrator Interpretation on its test...
Take Your Dog to Work Day! So I just heard about this official event, which has apparently existed since 1999! Granted, until 5 years ago, I didn’t have a dog and, in fact, couldn’t stand them, so this would not have been on my radar screen. Some of you may know from past posts (Sick Leave for Your Dog?,  Pet Bereavement...
FMLA Is Not A “Get Out Of Jail Free” Card! I know that many employers feel hamstrung by the Family and Medical Leave Act’s statutory protections for employees. They can’t do much about the significant negative effects on business operations because of an employee’s unscheduled intermittent FMLA leave, for example. And FMLA abuse is sometimes (if not often) suspected but hard to prove. Many employees...