The internet age has opened up seemingly countless digital platforms for employers and employees to use in seeking to fill, and applying for, open positions. Many employers use Indeed, Quikr, CareerBuilder, Glass Door, LinkedIn – the names are endless – to post jobs and look for employment candidates. Given the prevalence of such platforms, the …
The Sixth Circuit Rules on What Constitutes “Similarly Situated”
On November 13, 2019, the United States Court of Appeals for the Sixth Circuit issued a recommended for full-text publication opinion that analyzed and decided the concept of what it means to be “similarly situated” in the context of proving a prima facie case of discrimination. In Johnson v. Ohio Department of Public Safety, the …
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Keepin’ It Real: Wage and Hour Issues in the Reality TV Industry
In September 2014, four reality TV participants on the show Texas Car Wars sued the network Megalomedia for violating the Fair Labor Standards Act (“FLSA”) alleging that Megalomedia did not pay them in full for their time on the show. According to the participants, film shoots regularly exceeded 40 hours per week and participants were …
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Federal Court Holds Cannabis Businesses are Subject to Federal Wage Laws
In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act (FLSA) despite that cannabis remains federally prohibited as a Schedule 1 controlled substance under the Controlled Substances …
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DOL Issues Final Overtime Rule Increasing the White-Collar Employee Salary Threshold. Employers Have Until January 1, 2020 to Change Payroll Practices.
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 …