Most private employers with 100 or more employees are required to submit an annual EEO-1 report to the Equal Employment Opportunity Commission regarding the number of workers employed in different categories, broken down by race, sex, and ethnicity. The Obama administration proposed adding pay data to the required report, as a means of quantifying pay
Edward Hardin
Paid Federal Family Leave Coming?
By Edward Hardin on
Posted in Labor and Employment Law
Bloomberg Law and the Tampa Bay Times reported that Florida Senator Marco Rubio announced the he would soon release proposed federal legislation creating paid family leave. No details regarding the proposed legislation were released. The Family and Medical Leave Act of 1993 (or as its commonly known – the FMLA) established a federal system for…
Overtime Violations Can Be Costly
By Edward Hardin on
Posted in Labor and Employment Law
A recent story from New Orleans demonstrates that overtime violations can be costly. In the case of a New Orleans bakery that paid employees for overtime at their straight time rate and paid some workers in cash, the issue cost the employer over $125,000 in back wages alone. Pursuant to the federal Fair Labor Standards…
Recent Headlines Demonstrate the Need for Policies and Training
By Edward Hardin on
Posted in Labor and Employment Law
America’s dad, America’s newscaster, and Louisiana’s Secretary of State all recently occupied headlines regarding allegations of sexual misconduct. Last month, a Norristown, Pennsylvania jury found Bill Cosby guilty of three counts of sexual assault. This was the same Bill Cosby who played the role of Dr. Cliff Huxtable on The Cosby Show in the 1980s…
U.S. Supreme Court Overtime Ruling Signals Change
By Edward Hardin on
Posted in Fair Labor Standards Act, Labor and Employment Law
On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro. In a 5-4 decision, the Court ruled that automobile service advisors are not entitled to overtime under the federal Fair Labor Standards Act (“FLSA”). In the Encino Motorcars case, the Court was asked to decide whether…
Act Now
Posted in Labor and Employment Law
From New York to Hollywood and now New Orleans, well-publicized allegations of sexual harassment have dominated the news. Click here for a recent CNN article on a recent issue. Sexual harassment is unlawful and can lead to much bigger issues than bad press. Click here for information on sex-based discrimination from the U.S. Equal Employment…
Judge Strikes Down OT Rule
By Edward Hardin & Brian Carnie on
Posted in Labor and Employment Law
A Federal District Judge in Texas struck down an Obama administration Department of Labor Wage and Hour Division rule that would have nearly doubled the salary basis requirement for some exempt employees. Had the rule remained in place, for certain exempt employees, employers would have had to roughly double the exempt employees’ salaries to maintain…
Comp Time in the Private Sector Coming?
By Edward Hardin on
Posted in Fair Labor Standards Act, Labor and Employment Law
Under the federal Fair Labor Standard Act, employees are entitled to be paid time and a half their regular rate of pay for all hours worked over 40 in a workweek. Private employees cannot elect, nor can private employers offer, “comp time” in lieu of overtime pay. Private employers can offer (or may be able…
Employers Anticipate a Decision in the Alton Sterling Investigation
By Edward Hardin on
Posted in Labor and Employment Law, Louisiana in General
It appears that an announcement regarding the U.S. Department of Justice’s investigation into the shooting death of Alton Sterling may be forthcoming, and many employers in the Baton Rouge-area are considering how the city and their employees may react. As a general practice, employers should take steps to remind employees to treat one another with…
Online Hostile Environment?
By Edward Hardin on
Posted in General Litigation, Labor and Employment Law
Social media use by employees, and employers’ social media policies, continue to appear in the legal headlines. Much of the recent news coverage has touched on action by the National Labor Relations Board (NLRB) and its assessment of employer social media policies. However, recent legal action in Pennsylvania does not address the NLRB and its…