Year: 2014

NEW YORK MINIMUM WAGE SET TO RISE ON JANUARY 1, 2015

As we head into the end of 2014, New York State employers should begin preparing for the minimum wage hike. On December 31, 2014, the statewide hourly minimum wage for non-exempt (i.e., hourly) employees will rise from $8.00 to $8.75 (and then to $9.00 on December 31, 2015).  Just as significantly, the minimum weekly salary for certain exempt employees …

NEW YORK MINIMUM WAGE SET TO RISE ON JANUARY 1, 2015 Read More »

TEN TIPS IN DEALING WITH THE FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) can be one of the most daunting employment laws an employer has to deal with.  There are very specific rules and procedures that must be followed to ensure that both employee and employer are protected.  Here are ten tips to assist you in complying with your obligations under the law: …

TEN TIPS IN DEALING WITH THE FAMILY AND MEDICAL LEAVE ACT Read More »

PENALTIES FOR IMMIGRATION NONCOMPLIANCE

For companies still wondering whether spending a little now to implement a solid immigration compliance program is a sound investment, some recent immigration-related penalties provide compelling reasons to invest in training and compliance. Remember—all employers have immigration-related compliance obligations regardless of whether they employ any foreign nationals.  Even simply falling short on one’s obligation to verify …

PENALTIES FOR IMMIGRATION NONCOMPLIANCE Read More »

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER

An employer’s dealings with the EEOC typically stem from an administrative charge filed by a current or former employee. However, businesses are sometimes hit with an unexpected, nettlesome, and costly surprise: an EEOC third-party subpoena. The EEOC has the power to issue subpoenas to third parties, meaning it can order them to produce documents and …

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER Read More »

OSHA AND NLRB TEAM UP AGAINST EMPLOYERS

Earlier this year, the Occupational Safety and Health Administration (OSHA) decided that it will refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA). Background In March 2014, David Michaels, OSHA’s Assistant Secretary of Labor, signed a memorandum stating the agency …

OSHA AND NLRB TEAM UP AGAINST EMPLOYERS Read More »

TOP TIPS IN HANDLING SUBSTANCE ABUSE IN THE WORKPLACE

There is clear agreement that substance abuse—whether it’s alcohol, prescription drugs, or illegal drugs—adversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, and costs related to absenteeism, recruiting, training, …

TOP TIPS IN HANDLING SUBSTANCE ABUSE IN THE WORKPLACE Read More »

CAN AN EMPLOYER BE RESPONSIBLE FOR HARASSMENT BY A CUSTOMER/CLIENT?

Title VII of the Civil Rights Act of 1964 and other laws prohibiting harassment on the basis of protected categories extend to harassment by customers, and employers can be held liable if they don’t take action to put a stop to it. That point was made clear by the U.S. 10th Circuit Court of Appeals in …

CAN AN EMPLOYER BE RESPONSIBLE FOR HARASSMENT BY A CUSTOMER/CLIENT? Read More »

NLRB SETS PUBLIC MEETING ON PROPOSED CHANGES TO UNION ELECTION RULES

The National Labor Relations Board (NLRB) has set two days of meetings in April to hear opinions on proposed changes to rules governing union representation elections. The NLRB will meet for April 10-11 at its headquarters in Washington, D.C., to allow members of the public to present their views on what pro-business interests have labeled …

NLRB SETS PUBLIC MEETING ON PROPOSED CHANGES TO UNION ELECTION RULES Read More »

UNITED STATES SUPREME COURT EXPANDS SARBANES-OXLEY WHISTLEBLOWER PROTECTION

In the early 2000s, corporate and accounting scandals involving Enron, Tyco, WorldCom, and other publicly traded companies cost investors billions of dollars and prompted federal legislation to reform corporate financial practices. The Sarbanes-Oxley Act (SOX) covers everything from mandatory financial disclosures to enhanced penalties for white-collar crime to requiring a company’s CEO to sign corporate tax …

UNITED STATES SUPREME COURT EXPANDS SARBANES-OXLEY WHISTLEBLOWER PROTECTION Read More »

MOBILE DEVICES AND OVERTIME

Under the federal Fair Labor Standards Act (FLSA), nonexempt employees must be paid overtime compensation for work they perform for their employer’s benefit in excess of forty (40) hours in any workweek. Work performed remotely, such as responding to e-mails on a smartphone or drafting a report on a laptop at home, could push an employee’s work hours …

MOBILE DEVICES AND OVERTIME Read More »