30 FAQs about the New Rule The Department of Labor (“DOL”) unveiled the final version of its overtime exemption rule (the “Rule”), which sets the annual salary threshold for exempt employees to qualify for the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions at $35,568 per year or $684 a week, an increase from the current …
Pay Transparency and Pay Equity in Ontario
Two new laws that seek to enhance pay transparency and pay equity have been passed and, once proclaimed, will impact provincially-regulated and federally-regulated employees and employers. Bill 3, Pay Transparency Act, 2018 – For Provincially Regulated Employers and Employees The Ontario government passed Bill 3, Pay Transparency Act, 2018 (PTA), which imposes requirements on Ontario …
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Accommodating an Anxious Workforce
The American population, and thus the American workforce, is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to maintain a competitive advantage and to avoid legal liability. Nobody knows precisely how many U.S. employees suffer from anxiety and depression, but they …
Employment Law Considerations for Engaging Gig Workers
In a growing technological and global marketplace, the labor market is expanding to accommodate the “gig economy,” a labor market characterized by short-term, freelance or other alternative work relationships. Though app-based businesses and delivery companies typically come to mind when referring to the gig economy, many Fortune 500 companies are actively engaging gig workers for …
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The Patchwork of State Paid Leave Laws
There are a number of state specific paid leave laws that fall into two main categories: (1) sick leave, which entitles employees who work for covered employers to accrue paid sick leave; and (2) family leave, which entitles employees who work for covered employers to be compensated for attending to family caregiving needs, such as …
Employment Law Issues Continue to Evolve with Hairstyle, Sex Gossip, and Emotional Outburst Disability Protections
Employment law is constantly evolving and changing to keep up with the evolving workforce and work-related issues. For example, in the last year, we have seen a changing landscape focused on gender bias and discrimination with the Me Too and Times Up movements. While we will continue to see claims, charges, and lawsuits related to …
The Sixth Circuit Declares Tennessee’s Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee’s cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act (the “Act”) which, among other things, capped the amount of punitive damages a plaintiff can recover in civil …
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In the #MeToo Era, Why Retaliation is the Scariest Word for Employers
With the issue of appropriate vs. inappropriate sexual conduct continuing to be the hot button topic, it is important to understand there is another related issue that remains front and center yet it remains silent, and that issue is retaliation. In terms of workplace sexual harassment as a claim in its own right, a brief …
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Michigan Repeals Prevailing Wage Act
On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”). Michigan’s Prevailing Wage Act required project owners to pay workers union-scale wages and benefits for state-funded construction projects. The repeal took effect on June 6, but it …