In August 2024, the California Supreme Court decided Stone v. Alameda Health System, which clarified that the meal and rest break requirements of the California Labor Code at sections 226.7 and 512 and other Labor Code provisions do not apply to public employers. The Court also held that the California Private Attorneys General Act (PAGA) penalty […]
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Tag: HR Management & Compliance
Ask the Expert: Can Employees Be Held Legally Accountable for Paying Overpaid Wages Back?
Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]
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Employers Beware: The Tip Credit Is Back
Hospitality employers take note: The Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (FLSA) that allows employers to pay tipped employees a lower direct wage as long as their tips make up the difference to reach the minimum wage. However, the tip […]
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Corporate Transparency Act: Know If It Applies to Your Business
A new federal law that went into effect in January will likely affect many businesses in Wisconsin and across the country—in particular, many small businesses that may not even be aware of the new law. The Corporate Transparency Act (CTA) was enacted on January 1, 2021, as part of the Anti-Money Laundering Act of 2020 […]
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Talking Politics: Know When Employee Political Speech Is Protected at Work
With this year’s presidential election underway, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there’s nothing new about political coverage increasing during an election year, the unprecedented events during this year’s election cycle along with the extreme polarization of modern-day politics in America have led to increased levels of passionate discourse […]
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Presidential Politics and the Workplace
If Trump wins, one thing is certain: NLRB General Counsel (GC) Jennifer Abruzzo would be fired at once. Just as President Joe Biden sacked then-NLRB GC Peter Robb almost before the Inaugural Balls were over, Abruzzo would meet the same fate. Because the GC sets agency policy and decides what cases to pursue, the Board […]
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Bite, No Bark: 8th Circuit Recognizes Limitations on Certain ADA Accommodations
In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Iowa employers) has weighed in over the last several months with discussions in two […]
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Religious accommodations: Where do we stand?
Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some applications of Groff’s reasoning in lower court cases, and here are some takeaways you can apply when working through an employee’s […]
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Ask the Expert: Can Positive Drug Tests Be Cause for Termination?
Question: If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? Answer: The short answer is yes. Employers in Wisconsin specifically are allowed to conduct random drug testing of their employees. If an […]
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9th Circuit Rules Private Texts Aren’t Protected Speech
One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine. That was essentially the question in deciding whether a Rancho Cordova sheriff was engaging in protected speech […]
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Case Study: New Hampshire Legislature Passes Law Allowing Firearms in Employees’ Vehicles
Although the debate between those wanting to protect the right to possess firearms and those who advocate for stricter gun control is often thought of as a federal issue, gun laws are often a function of state and local laws. We draw your attention to this important issue because the New Hampshire House and Senate […]
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Hospital Authorities Treat People But Are Not ‘People’ Themselves
In a recent decision, the California Supreme Court takes an in-depth look at legislative history to dissect whether a county hospital authority entity can be liable for meal and rest period violations under the labor code and whether they can be considered “persons” subject to California’s Private Attorneys General Act (PAGA) penalties. In short, they […]
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Use Your E-mail to Create a Powerful Workplace
Last month, I talked about how the military makes the most effective use of e-mail. This month, I want to talk about using email to build a team effectively, to develop an esprit de corps, and to make use of wasted electronic real estate. No. 1: This Is Not About Etiquette The following is about […]
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Ask the Expert: What Should Employers Do When Doubting an Employee’s FMLA Eligibility?
Question: What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)? Answer: If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under […]
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NLRB Under Pressure in Presidential Election Year
The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board faces a series of challenges. Board Abandons Joint Employer Regulations The NLRB’s expansive joint employer rule, issued in October 2023, faces an […]
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Tipped Over: Fifth Circuit Vacates the DOL’s Rule for Tipped Employees
The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]
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