An employee’s violation of timekeeping policies is not a defense to a Fair Labor Standards Act claim, if the employer knows or has reason to know that an employee underreported his hours, according to a recent decision by the Eleventh Circuit Court of Appeals, Bailey v. TitleMax of Georgia, Case No. 14-11747 (11th Cir., January 15, 2015). Continue Reading
New York Trial Court Provides Guidance on Application of Corrections Law Factors
Posted in Employment Discrimination Harassment & RetaliationIt should come as no surprise to New York employers that making an employment decision based on an applicant or employee’s criminal background can be unlawful.See N.Y. Corr. Law § 752; see also N.Y. Exec. Law § 296 (15). Despite this general prohibition, there are two statutory carve outs which permit employers to make such a decision: (1) when the employee’s or applicant’s criminal offense(s) bear a “direct relationship” to the employment sought; or (2) when such individual’s employment poses “an unreasonable risk to the property or to the safety or welfare of specific individuals or the general public.” Moreover, N.Y. Corr. Law § 753 provides a list of factors for employers to consider when deciding whether an individual falls into one of these exceptions. Until recently, however, there was little court-provided guidance on how employers should implement these statutory provisions. In a recent decision, Matter of Thomas v. New York City Dept. of Educ., Judge Peter H. Moulton of the New York Supreme Court offered some much-needed clarification on how employers should implement these exceptions. Continue Reading
Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned
Posted in Wage & HourA federal court has invalidated the U.S. Department of Labor’s (“DOL”) amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and availability of those services to the millions of patients under their care. The ruling represents a significant victory for the home health care industry, though it remains to be seen if the court’s ruling will be appealed. Continue Reading
U.S. Labor Department and Florida Department of Revenue Team Up to Prevent Worker Misclassification
Posted in Wage & HourNow more than ever, Florida employers should ensure they are properly classifying their workers.
The U.S. Department of Labor and the Florida Department of Revenue have announced an agreement between the two agencies to prevent the misclassification of workers as independent contractors rather than employees. Continue Reading
Employers Should Begin Preparation for Opening of FY 2016 H-1B Cap
Posted in Immigration Planning & ComplianceThe beginning of the calendar year is the perfect time for employers to begin planning for the FY 2016 H-1B cap filing season, which will begin on Wednesday, April 1, 2015.
Commensurate with the nation’s economic growth, the demand for H-1B visas is expected to surpass years past. The H-1B quotas for FY 2016 are again capped at 65,000 petitions in addition to 20,000 petitions for those beneficiaries with advanced degrees from a U.S. college or university.
New OSHA Recordkeeping Rule Goes into Effect on January 1, 2015
Posted in Workplace Safety & OSHAThe Occupational Safety and Health Administration’s revised recordkeeping rule goes into effect on January 1, 2015. OSHA’s recordkeeping rule requires covered employers to prepare and maintain records of serious occupational injuries and illnesses, using the OSHA 300 Log.
Update: Time Spent Going Through Security Is Not Indispensable and, Therefore, Is Not Compensable
Posted in Wage & HourIn an important decision under the Fair Labor Standards Act, the Supreme Court has issued a ruling in Busk v. Integrity Staffing Solutions, Inc. in favor of employers. As previously discussed in October, the Court had to determine whether employers are required to pay their hourly employees for time spent going through an anti-theft security clearance at the end of each shift.
Florida’s Minimum Wage Increases to $8.05 in 2015
Posted in Wage & HourAs 2014 comes to a close, employers must be aware of the pending increase in wages for their nonexempt employees. Florida’s minimum wage will increase to $8.05 on January 1, 2015. With the increase, Florida’s required minimum wage is nearly one dollar more than the federal minimum wage ($7.25). On September 30th of each year, Florida’s Department of Economic Opportunity recalculates the State’s minimum wage as required by Florida’s minimum wage law found in Section 448 of the Florida Statutes. This calculation is based on the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in the Southern Region. This minimum wage increase applies to all employees who are covered by the Fair Labor Standards Act. Continue Reading
President Obama Outlines Executive Action on Immigration
Posted in Immigration Planning & CompliancePresident Obama has ambitiously announced several executive actions that have the potential to impact undocumented immigrants, as well as employers, foreign national workers, and their spouses. While these efforts are focused on administrative relief for undocumented immigrants who apply to remain in the United States, these executive actions potentially offer significant benefits to the employment-focused immigration community. Continue Reading
Court Slaps Down EEOC Subpoena, Refusing to Allow Agency to Expand its Investigation
Posted in Employment Discrimination Harassment & RetaliationThe Equal Employment Opportunity Commission has broad authority to investigate allegations of employment discrimination. But there are limits to that authority, as illustrated by a recent Eleventh Circuit Court of Appeals decision affirming the district court’s denial of the EEOC’s application to enforce an administrative subpoena that would have expanded its investigation of a single EEOC charge.
