Showing posts with label Fair Labor Standards Act. Show all posts
Showing posts with label Fair Labor Standards Act. Show all posts
Monday, March 28, 2011
Supreme Court defines "complaint" in significant wage-hour case
Lexology.com Fisher & Phillips LLP USA March 22 2011 Sometimes cases turn on a single word or phrase, whether those pivotal words are found in a statute, regulation, rule, handbook or an email. It's a rarity that those singular expressions or phrases have as widespread an impact as the words at issue in a Supreme Court decision issued on March 22, 2011. In a 6 -2 ruling (Justice Kagan took no part in the consideration or decision of the case), the Supreme Court clarified the meaning of the words "filed any complaint" from the Fair Labor Standards Act's (FLSA) anti-retaliation provision. Kasten v. Saint-Gobain Performance Plastics Corp. While employers will not be pleased with the Court's ruling, the opinion adds some much-needed clarity to the issue of what constitutes protected activity under the FLSA's anti-retaliation provision. In the end, both employers and employees may find that Court's opinion is beneficial. When Is A Complaint A "Complaint"? Full Story: http://www.lexology.com/library/detail.aspx?g=e62b51ef-c67b-40c3-8e85-a5090a775c82&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-03-28&utm_term=
Thursday, May 6, 2010
To pay or not to pay? Beware when hiring interns
Lexology
Arnstein & Lehr
E. Jason Tremblay USA April 23 2010
The current economic situation in this country has led to an increase in the use of unpaid internships by companies, especially unpaid internships for young people who have been hit particularly hard by unemployment. However, employers need to be extra careful in this regard since the U.S. Department of Labor (“DOL”) recently announced that it is cracking down on what it claims is the excessive and improper use of unpaid interns by companies for free labor. Specifically, the DOL recently proclaimed that “[i]f you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law.”
For an unpaid internship to be lawful under the Fair Labor Standards Act (“FLSA”), the intern must be classified as a “trainee” rather than an employee. The DOL has developed the below six factors to evaluate whether a worker is a trainee or an employee for purposes of the FLSA:
Full Story: http://www.lexology.com/library/detail.aspx?g=e2055cee-f8de-47c9-85b2-34783097182e&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-05-06&utm_term=
Arnstein & Lehr
E. Jason Tremblay USA April 23 2010
The current economic situation in this country has led to an increase in the use of unpaid internships by companies, especially unpaid internships for young people who have been hit particularly hard by unemployment. However, employers need to be extra careful in this regard since the U.S. Department of Labor (“DOL”) recently announced that it is cracking down on what it claims is the excessive and improper use of unpaid interns by companies for free labor. Specifically, the DOL recently proclaimed that “[i]f you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law.”
For an unpaid internship to be lawful under the Fair Labor Standards Act (“FLSA”), the intern must be classified as a “trainee” rather than an employee. The DOL has developed the below six factors to evaluate whether a worker is a trainee or an employee for purposes of the FLSA:
Full Story: http://www.lexology.com/library/detail.aspx?g=e2055cee-f8de-47c9-85b2-34783097182e&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-05-06&utm_term=
Monday, December 14, 2009
Legal Questions and Answers on the Swine Flu Pandemic
Workforce Management
By Bennet D. Alsher
November 2009
In reviewing their HR policies, employers must consider how federal and state laws affect pandemic preparedness. These laws include the National Labor Relations Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Americans with Disabilities Act, Title VII of the Civil Rights Acts of 1964 and 1991, and state workers’ compensation laws. Here are some frequently asked questions on general and legal aspects of the pandemic.
n June, the World Health Organization declared an H1N1 flu pandemic. This means that human-to-human spread has increased and is sustained in the general population. H1N1 is a novel strain of the influenza virus; human beings have little or no immunity to it. Not only did H1N1 rapidly infect Americans, but it also spread throughout the world. According to reports from the Centers for Disease Control and Prevention, 48 states reported widespread influenza activity as of late October. In addition, more than 70 countries have already experienced outbreaks attributed to H1N1, as well as seasonal flu outbreaks.
The H1N1 pandemic creates both danger and opportunity for employers. The danger is obvious: a sick and fearful workforce, days lost to absenteeism, disruption of supply chains, and lost productivity, revenue and profit. But the flip side of danger is opportunity. The pandemic creates an ideal opportunity for management to demonstrate to its workforce that it is proactive and that it cares about its employees.
The swine flu can’t be prevented on a wide scale—it’s here, and it’s all over the world. But you can mitigate its impact on your workforce and, given careful planning, a little bit of luck and some flexibility, your company can and will weather the outbreak. Organizations must take steps now to ensure business continuity, develop succession plans, review and possibly revise human resources policies and—most important—educate employees about the pandemic.
Full Story: http://www.workforce.com/archive/feature/26/82/17/index.php?ht=
By Bennet D. Alsher
November 2009
In reviewing their HR policies, employers must consider how federal and state laws affect pandemic preparedness. These laws include the National Labor Relations Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Americans with Disabilities Act, Title VII of the Civil Rights Acts of 1964 and 1991, and state workers’ compensation laws. Here are some frequently asked questions on general and legal aspects of the pandemic.
n June, the World Health Organization declared an H1N1 flu pandemic. This means that human-to-human spread has increased and is sustained in the general population. H1N1 is a novel strain of the influenza virus; human beings have little or no immunity to it. Not only did H1N1 rapidly infect Americans, but it also spread throughout the world. According to reports from the Centers for Disease Control and Prevention, 48 states reported widespread influenza activity as of late October. In addition, more than 70 countries have already experienced outbreaks attributed to H1N1, as well as seasonal flu outbreaks.
The H1N1 pandemic creates both danger and opportunity for employers. The danger is obvious: a sick and fearful workforce, days lost to absenteeism, disruption of supply chains, and lost productivity, revenue and profit. But the flip side of danger is opportunity. The pandemic creates an ideal opportunity for management to demonstrate to its workforce that it is proactive and that it cares about its employees.
The swine flu can’t be prevented on a wide scale—it’s here, and it’s all over the world. But you can mitigate its impact on your workforce and, given careful planning, a little bit of luck and some flexibility, your company can and will weather the outbreak. Organizations must take steps now to ensure business continuity, develop succession plans, review and possibly revise human resources policies and—most important—educate employees about the pandemic.
Full Story: http://www.workforce.com/archive/feature/26/82/17/index.php?ht=
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