Coming up in 2025, there are several important employment law changes that managers should be aware of: Overtime Pay Threshold Increase: The Department of Labor (DOL) is expected to increase the salary threshold for overtime pay eligibility. Starting in early 2025, employees earning under $58,656 per year (up from $35,568) may become eligible for overtime pay under … [Read more...] about Get Ready for Employment Law Updates Coming in 2025
employment law
Civility & conduct rules, marijuana, and website access & ADA on the HR radar
By Mike O’Brien Get ready to take a new look at your employee handbook. The National Labor Relations Board (NLRB) is widely expected to issue a decision soon that will mean increased scrutiny of common types of workplace rules, including civility and conduct rules. In a case pending before the Board, its General Counsel submitted a brief last month urging a return to an … [Read more...] about Civility & conduct rules, marijuana, and website access & ADA on the HR radar
Forced arbitration of sexual assault and harassment coming to an end
By Mike O'Brien The United States Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act in February. The legislation had previously been approved by the House of Representatives, and now awaits President Biden’s signature. Once signed, the new law will amend the Federal Arbitration Act to make pre-dispute mandatory arbitration agreements … [Read more...] about Forced arbitration of sexual assault and harassment coming to an end
Paid leave for vaccine tax credit updated & employer ups premiums for unvaccinated
By Mike O'Brien Update to the paid-leave tax credit expansion—paid leave for employees to receive a COVID-19 vaccine As previously described in these updates, the Treasury Department and the IRS announced that eligible employers could receive paid-leave tax credits under the American Rescue Plan Act (ARPA) for providing leave for each employee receiving a COVID-19 … [Read more...] about Paid leave for vaccine tax credit updated & employer ups premiums for unvaccinated
Making faces doesn’t count as retaliation
By Mike O'Brien Not every negative consequence amounts to retaliation In asserting a claim for retaliation, an employee must prove he or she suffered a “materially adverse action.” But that probably doesn’t include someone “making faces” at you. In Fisher v. Bilfinger Industrial Services Inc., the employee alleged that his supervisor retaliated against him by (among other … [Read more...] about Making faces doesn’t count as retaliation
New guidance, sort of, about COVID-19 in the workplace
By Mike O’Brien EEOC provides new COVID-19 guidance The Equal Employment Opportunity Commission (EEOC) has released some new guidance on COVID-19 issues at work. Here are the four EEOC-noted highlights of the most recent update, in late May: First, an employer can require that all employees physically entering the workplace be vaccinated for COVID-19, so long as employers … [Read more...] about New guidance, sort of, about COVID-19 in the workplace
How HR regulations could change under Biden administration
By Mike O'Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage … [Read more...] about How HR regulations could change under Biden administration
The workplace in 2020: political talk, COVID-19 violence, executive order
By Mike O’Brien bio Don’t forget labor relations rules when employees talk politics at work During this contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers … [Read more...] about The workplace in 2020: political talk, COVID-19 violence, executive order
Top 10 questions an employer should ask before returning employees to work
By Mike O’Brien bio As various states and municipalities across the country lift shutdowns and begin easing COVID restrictions, employers are faced with complex questions about safely bringing their employees back to the workplace. We’ve compiled the top 10 questions every employer should consider before returning employees to work. How do we implement proper infection … [Read more...] about Top 10 questions an employer should ask before returning employees to work
Employment Law Update: The New Year’s Resolutions Edition
By Mike O'Brien bio A lawyer and doctor were talking together at a New Year's party when the doctor complained about how people always asked her for free medical advice. She said to the lawyer, "People probably always ask you for free legal advice…as a fellow professional, how do you deal with it?" The lawyer thought about it, and then said, "I always answer their … [Read more...] about Employment Law Update: The New Year’s Resolutions Edition