Blog Posts - Employment law
How May an Employer Monitor Employees in the Workplace?
A recent study revealed that 80 percent of major companies monitor employees’ internet, phone, and email usage. Although companies want to gauge employee productivity, it does come with certain limitations. The standards for workplace surveillance are set by both federal and state laws, safeguarding employees’ rights. In this article, our...
DOL Issues New Salary/Fee Requirements for Exemption from Overtime Employers: Check Your Compensation Schedules
The United States Department of Labor (“DOL”) issued a new salary test regulation for employees in the Executive, Administrative and Professional (“EAP”) classification in order to treat the employee as exempt from payment of overtime. The salary requirement was issued on April 23, 2024, with an effective date of July...
New Salary Threshold For Exempt Employees
Effective January 1, 2020 , the salary level for an employee to qualify for the white-collar exemption of the Fair Labor Standards Act (FLSA) has been raised from $455 per week to $684 per week ($35,568 per year). To be exempt from overtime under the white-collar exemptions, employees must: be...
Employee Handbook Mistakes
by Kathryn Simpson As a business owner, you probably have an employee handbook (or manual). It may have been drafted by an attorney or perhaps an employee downloaded a template from the internet and adapted it to your situation. Whatever the source or whenever it was done, now is the...
What Workplace Notices To Employees Are Required?
Some of the statutes and regulations enforced by the U.S. Department of Labor (DOL) mandate notices be provided to employees and/or posted in the workplace. Posting requirements vary by statute; that is, not all employers are covered by each of the statutes and thus may not be required to post...
Does An Employer Have To Pay Hourly Employees For Commuting To Work In A Company Vehicle?
By Kathryn Lease Simpson, Esq. A: Not necessarily. Two provisions of the Fair Labor Standards Act (FLSA), that otherwise appear simple, create confusion. The first, employers do not have to pay their hourly employees for an ordinary commute to and from work. This is true even if an employee reports...
Background Investigation of Prospective Executive Hires: a Necessary Evil
By: Kathryn L. Simpson The headlines are everywhere. Every day another occupant of the “C-Suite” in a large company is accused of sexual harassment or physical assault. Many of the instances of harassment may have occurred while the person worked for another employer but the sins come home to roost...
There’s a New I-9 in Town
Starting on September 18, 2017, all employers will be required to have completed a new I-9 Form for every NEW employee. However, you can start using the new form immediately. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States....
The Defend Trade Secrets Act: Do Your Employment Documents and Policies Comply?
By Kathryn Lease Simpson The Federal Defend Trade Secrets Act (DTSA) was amended on May 11, 2016, effective immediately. The newly amended law contains a whistleblower clause that provides immunity for the disclosure of trade secrets to government officials for the sole purpose of reporting violations of the law. Why...
Legal Wellness Checkup – Form I-9
by Kathryn Simpson Are you an employer? Have you hired any new employees lately? Do you have a completed a Form I-9 for every new hire? Finding and hiring qualified employees for your business can be a long and involved process. Once you do hire a new employee, be sure...