Category: Wage and Hour Issues

How is an already complex PERM recruitment process further complicated by EPT laws?

As we discussed in a recent post, equal pay transparency (EPT) laws are on the rise across the country. While complex in their own right, EPT laws introduce new risks and challenges for employers undergoing an already complicated recruitment process to hire foreign nationals through the Department of Labor’s (DOL) permanent labor certification process, or PERM. What is PERM? The...

What Types of Pay Equity Laws Should I Be Aware of and How Can I Best Comply?

Dear QQ: I am the HR Director for a technology company.  We have offices in three states and hire employees from all over the country.  Since 2020 we have let employees work remotely from the state of their choice.  I’ve been hearing a lot about pay equity, but am not clear on the different types of laws and where they...

Next on the Chopping Block: In Light of Recent Removals of the Agricultural Exemption from State Wage and Hour Laws, Employers Are Wondering Which Employees Are Exempt and for How Much Longer?

Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage and overtime requirements. These requirements differ from state to state, and employers are noting a change in the agricultural exemption. Some states have removed, or are considering...

How does the new-ish Colorado statute requiring disclosure of salary information for job postings affect non-Colorado employers?

How does the new-ish Colorado statute requiring disclosure of salary information for job postings affect non-Colorado employers?

Raise your hand if you are a human resources professional who has had it up to the proverbial HERE with sifting through state law requirements for remote workers? This post is for you! Today we are taking a closer look at Colorado’s Equal Pay for Equal Work Act and how its pay transparency provisions apply to multi-state employers. Here’s the...

In a Common Sense Decision, Appellate Court Clarifies Deadline for Employers to Issue Wage Statements under Labor Code Section 226

In a Common Sense Decision, Appellate Court Clarifies Deadline for Employers to Issue Wage Statements under Labor Code Section 226

It’s a situation any Human Resources professional might find themselves in – circumstances require you to effectuate a termination in short order and you have to scramble to calculate the employees’ correct final pay and prepare a paycheck. But what if the wage statement is not ready? Does the law require employers to provide a wage statement to a terminated...

Court Halts DOL Rule Set To Extend Overtime To Millions on December 1

Court Halts DOL Rule Set To Extend Overtime To Millions on December 1

In an unexpected decision, on Tuesday, November 22nd, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against implementation of the Department of Labor’s (“DOL’s”) controversial final Rule expanding overtime eligibility for millions of workers, which was set to take effect on December 1st. The DOL’s new Rule, issued on May 18, 2016, nearly...

Quirky Question #280: Minneapolis Sick and Safe Time Ordinance

Question: We are an employer that has a few employees working in Minneapolis, and just heard about a new law requiring employers to provide paid sick leave in Minneapolis. Will this apply to us? What are the requirements? And how long do I have to prepare?

Quirky Question #278: DOL Doubles the FLSA Salary Basis Threshold

Question: Where can I find more information about the DOL’s doubling of the FLSA salary basis threshold? Did they make other changes? As an employer, what does this mean for me? And how long do I have to prepare?

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload.  Over the years, a number of my customers and my employees have “friended” me on Facebook.  Last week, I saw that one of our employees had posted a comment that I don’t pay enough overtime and that I’m, “f—ing cheap,” because I don’t give enough...

Quirky Question #268: E-Sign Away!

Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically.  I saw a news blurb that a California court last year refused to enforce an arbitration agreement that was electronically signed.  Can’t we use electronic signatures in California?