The ruling states that under the FLSA, employees are entitled to overtime pay for any hours worked in excess of 40 hours per week. In both cases, plaintiffs had claimed they were misclassified as exempt employees and denied overtime pay.Read More
Employers must make sure their employees, including line workers as well as supervisory staff, are 'trained carefully in anti-harassment measures and policy.'Read More
One attorney familiar with the case says the case illustrates that employers need to conduct an investigation 'in any situation that involves intimate touching.'Read More
Said one attorney, 'This is the first appellate-level case in the country that extends hostile work environment (claims) to the area of sexual orientation.'Read More
The Labor Department said under terms of the settlement, Wal-Mart has agreed to pay all back wages the department determined are owed for violations in addition to paying liquidated damages to the employees and a penalty to the department.Read More
The Society for Human Resource Management said in a statement it 'is pleased that the guidance does not appear to impose a one-size-fits-all set of rules on employers and seems to take into consideration that every employer will have different needs and concerns in the use of criminal background checks in hiring.'
An issue in the case was the U.S. Supreme Court's 2006 ruling in Garcetti vs. Ceballos, in which the high court held that 'government employers, like private employers, need a significant degree of control over their employees' words, and actions; without it, there would be little chance for the efficient provision of public services.'
Calls have been growing for federal and state legislation that would bar employers from requiring access to job applicants' social media postings.Read More
The bill, which was supported by numerous business groups, was signed into law by the governor April 5, but not announced until April 6.Read More
Employers can minimize the chances of litigation by taking steps that include periodic audits to determine whether employees are being properly classified, as well as careful record-keeping.