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Blog

Tipped Employees Under the Fair Labor Standards Act
November 21, 2019
In October, the U.S. Department of Labor announced a proposed rule regarding the tip provisions of the Fair Labor Standards Act implementing provisions of the Consolidated Appropriations Act of 2018 (CAA).
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NLRB Finds Confidentiality And Media Contact Rules Lawful
November 19, 2019
The National Labor Relations Board recently applied the Board’s new Boeing standard to find an employer’s confidentiality and media contact rules lawful under the National Labor Relations Act.
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Behind the Blind Selection Screen
November 19, 2019
A market has developed for blind interviewing software to strip identifying information from applicant resumes.
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Legislative Update For California Employers
November 15, 2019
Last month, California Governor Gavin Newsom signed a number of employment-related bills that will affect employers throughout the state.
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There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter
November 8, 2019
The Wage and Hour Division of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act, even if the bargained-for policies are more generous.
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“Cause Breaking up is Hard to Do,” unless You’re McDonald’s
November 7, 2019
On November 3, 2019, news broke that McDonald’s Board of Directors voted to terminate CEO, Steve Easterbrook, for having a consensual relationship with another employee.
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FMCSA Clearinghouse Registration is Open - Have You Updated Your DOT Drug & Alcohol Testing Policy?
November 5, 2019
As most DOT covered employers are aware, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) established a national drug and alcohol clearinghouse electronic database for commercial motor vehicle drivers. 
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DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek
November 5, 2019
On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees.
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UAW – GM Strike: Winners and Losers
November 4, 2019
So why did the strike occur among highly paid UAW employees and a highly profitable General Motors?
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Distracted Driving Disturbs OSHA
November 1, 2019
OSHA has increased its focus on employer accountability for employee distracted driving, regardless of whether the employee is driving a personal vehicle or a company vehicle.
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EEOC Increases Harassment and ADA Litigation
November 1, 2019
September 30 concluded Fiscal Year 2019 for the federal government. According to our monthly and year to date analysis of EEOC lawsuits, the EEOC filed 112 lawsuits during FY 2019, down from 154 during FY 2018. Harassment lawsuits increased to 31.1% of all lawsuits filed during FY 2019, compared to 22.7% for FY 2018.
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What Does the EEOC Think About Religious Accommodations? It’s Spooky!
October 31, 2019
In its latest edition of the Digest of EEO Law, the EEOC included an article entitled, “Religious Accommodation in the Workplace: An Overview of the Law and Recent Commission Decisions.” It provides guidance to private employers on the EEOC’s overall position on religious accommodations – and (just in time for Halloween) the conclusions are a little scary!
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