2019

Federal Overtime Threshold Increases on January 1, 2020

Effective January 1, 2020, the federal white-collar exemption, which was $455.00 per week ($23,660.00 annually) in 2019, will be raised to $684.00 per week ($35,568.00 annually).  Any employee under the $35,568.00 limit will be deemed a non-exempt, hourly wage earner eligible for overtime.  In addition, the threshold for the exemption for highly compensated employees – […]

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What Should Employers Do When Workers Exhaust FMLA Leave?

What Should Employers Do When Workers Exhaust FMLA Leave? When employees exhaust their leave under the Family and Medical Leave Act (FMLA), they may want to return to work or take additional leave.  Here are some tips to help employers manage the return-to-work process and decide, if applicable, if providing more leave is appropriate. Eligible

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Supreme Court Says Agreements To Arbitrate Classwide Claims Must Be Clear

The U.S. Supreme Court sided with an employer on April 24, 2019 by ruling that a worker needs to individually arbitrate his claim against the company rather than bring a classwide claim. In an arbitration agreement, employers and workers can agree in advance to have a neutral third party (an arbitrator) decide legal claims rather

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EEOC: Applicants’ Religious Beliefs Must Be Considered

EEOC: Applicants’ Religious Beliefs Must Be Considered A recent settlement agreement between United Parcel Service (UPS) and the U.S. Equal Employment Opportunity Commission (EEOC) serves as a reminder that accommodating job applicants’ religious beliefs supersedes an organization’s appearance policy in most cases, even when the job’s role is public-facing. UPS agreed to pay $4.9 million

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FORMER EMPLOYEE ALLOWED TO BRING AGE DISCRIMINATION CASE DESPITE SIGNING A SEVERANCE AGREEMENT WITH GENERAL RELEASE

A former United Parcel Service (UPS) employee who signed a separation agreement that did not reference the Age Discrimination in Employment Act (ADEA) could still bring an ADEA claim, the U.S. District Court for the Northern District of New York ruled, in a decision issued in January 2019. The employee was over 40 years old

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UNITED STATES DEPARTMENT OF LABOR CIVIL MONETARY PENALTIES INCREASED

Effective Jan. 23, 2019, the U.S. Department of Labor (DOL) increased the civil monetary penalties for violating federal minimum wage, overtime, posting and safety requirements. The higher penalty amounts apply to penalties assessed after that date for Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Occupational Safety and Health Act (OSH

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