Updated to reflect forthcoming FLSA overtime exemption requirements.
Updated to reflect the Department of Labor's final ERISA fiduciary rule.
Unpaid internships or training programs can result in a lawsuit for back wages and overtime under the Fair Labor Standards Act (FLSA) unless specific criteria are satisfied. This Legal Insight analyzes standards established by the US Department of Labor and by the federal courts in an effort to guide employers that may wish to establish unpaid internships or training programs.
This Legal Insight examines the intersection of rights that has been referred to in publications and presentations as "The Bermuda Triangle," and includes a discussion of FMLA, the ADA and workers' compensation laws.
This resource is under review in light of the federal Defend Trade Secrets Act, effective May 11, 2016.
Updated to reflect the inflation-adjusted "pay or play" penalties and the rate for determining affordability for 2015 and 2016.
It can be difficult to determine whether an employee must be paid for time spent traveling, whether the travel is for a business trip, a commute to work or to visit customers during the course of the workday. This Legal Insight addresses travel time under the Fair Labor Standards Act (FLSA) in an effort to help employers remain compliant and avoid an employee lawsuit or an investigation from the US Department of Labor (DOL).
There is no specific standard legal definition for what constitutes bullying, nor is there specific federal legislation in the United States that prohibits workplace bullying. However, employers could be liable under other theories of liability such as intentional infliction of emotional distress and negligent hiring. Accordingly, employers must take all necessary steps toward eliminating bullying and abusive behavior.
Updated to reflect recent changes with regard to state laws concerning medical and recreational use of marijuana.
This legal insight analyzes Supreme Court precedent on the Reasonable Factor Other Than Age Defense and a new EEOC rule that makes it harder for employers to establish the RFOA defense in a disparate impact discrimination claim under the ADEA.