The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now, with an effective date likely 60 days after publication.
Coming Soon: New Federal Overtime Rule Read More »
Employment lawyers and human resources professionals regularly preach that managers must document employee performance issues as a best practice so that if/when that manager wants to terminate the employee, the company has the “receipts” to justify the decision.
An Example of An Employer Documentation Pitfall Read More »
Conducting a prompt, thorough and impartial investigation of internal discrimination complaints about disciplinary action and taking appropriate corrective measures when necessary may resolve problems and prevent them from happening again.
EEOC Guidance on Harassment Investigations Read More »
At an employer’s response to a harassment complaint doesn’t need to be perfect. Just ok may do. That’s because an employer that learns about sexual harassment needs to respond in a way that is reasonably designed to end the complained-of behavior.
Four Things to Avoid in a Harassment Investigation Read More »
St. Paul revised its ESST Ordinance in October 2023 to align with Minnesota’s ESST law, which went into effect January 1, 2024. The new guidance called “Final Rules” helps employers understand how the HREEO will enforce the recently revised St. Paul Ordinance.
Earned Sick & Safe Time: St. Paul MN Differences Read More »
On Jan. 9, the United States Department of Labor (DOL) released details regarding its final rule on the classification of independent contractors under the Fair Labor Standards Act (FLSA), and on Jan. 10, the DOL published the rule itself, available here. DOL indicated that the intent of the new regulation was to bring the regulatory framework in line with the FLSA itself, as well as judicial precedent interpreting the law.
Determining whether an individual should be classified as an independent contractor or an employee is relatively complex, and the proper analysis has been the subject of a decades-long debate by courts and administrative agencies, with various standards utilized and evolving over time.
New Independent Contractor Classification Rule Read More »
Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is a minimum salary increase to slightly more than $55,000 per year (up from $35,568)—is more measured than many anticipated, it could still have a massive impact across industries and commands employers’ attention.
Revising Overtime Exemptions for Executive, Administrative and Professional Employees Read More »
On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”
EEOC Harassment Guidelines Issued Read More »
On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”
Minnesota Paid Family Leave Facts Read More »
On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024. This law is similar to the existing Minneapolis and St. Paul earned sick and safe time ordinances, but it does not preempt them. In other words, and according to the Minnesota Department of Labor and Industry’s website,”employers must follow the most protective law that applies to their employees.” The website indicates that an employee notice, frequently asked questions regarding the new program, and a workplace poster will be “coming soon.”
Minnesota Paid Sick and Safe Time Leave Law Update Read More »
