Updated to reflect temporary guidance on the fiduciary rule in light of the Department of Labor's proposed 60-day delay of the rule's applicability date.
Updated to include information on a federal district court case on whether Title VII prohibits sexual orientation discrimination.
Updated to remove December 1, 2016, overtime requirements that will not be implemented or enforced.
Updated to reflect increase in immigration-related penalties, effective August 1, 2016.
Revised to reflect the EEOC's guidance on leave as a reasonable accommodation.
The Occupational Safety and Health Act (OSH Act) was passed in 1970 to assure safe and healthy workplaces for employees. The Act established the Occupational Safety and Health Administration (OSHA), an agency within the US Department of Labor. OSHA enforces the OSH Act by requiring employers to conform to regulations that specify safe and healthy conditions. An employee has the right to notify OSHA of a violation of an OSHA regulation, that is, to be a whistleblower. OSHA enforces the OSH Act's Whistleblower Statute along with 20 other whistleblower statutes for various industries, including the one for the Sarbanes-Oxley Act (SOX), which regulates the securities industry. This Legal Insight discusses these whistleblower statutes and employee rights pursuant to them.
Updated to reflect the Defend Trade Secrets Act, effective May 11, 2016.
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.
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).