Archive
Month: December 2016
Deaf Employee and EEOC Sue Cheesecake Factory for Inadequate Training Accommodation
SEATTLE, Wash. – On December 20, 2016, restaurant giant The Cheesecake Factory, Inc., was sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly failing to provide an effective accommodation for a newly hired deaf employee – instead it fired him over attendance issues. According to the EEOC’s lawsuit, The Chee...
OSHA’s new Rule Clarifies Employer’s Recordkeeping Obligation
Washington DC – In December, the U.S. Occupational Safety and Health Administration (OSHA) issued a new final rule, that takes effect on January 18, 2017. The final rule clarifies an employer’s continuing obligation to make and maintain an accurate record of each employee recordable injury and illness. Under OSHA’s existing r...
Tip Pooling – the Do’s and Don’ts
The Fair Labor Standards Act (FLSA) permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (which must be at least $2.13) and the federal minimum wage (currently $7.25). However, Florida employers must follow the state minimum wage because it is hig...
Mental Disability Guidance Published by the EEOC
Washington DC – On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the legal rights of employees with mental health disabilities – and employers need to review this guidance. To recap, the Americans with Disabilities Act (ADA), is applicable to employers with 15 or more employees, ...
Uniform Deduction Policy violation at Life Time Fitness costs $976k
MINNEAPOLIS – Life Time Fitness, a Minnesota-based company, has agreed to pay 15,909 employees nationwide a total of $976,765 – $488,229 in back wages and an equal amount in liquidated damages – after a federal investigation found the employer violated federal minimum wage requirements at its health clubs and fitness center locations in 26 st...
What are the IRS Standard Mileage Rates for Business in 2017?
WASHINGTON — On December 13, the Internal Revenue Service issued the 2017 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2017, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will......
New Final Rule for Walking/Working Surfaces and Fall Protection in General Industry
Washington DC – On November 17, 2016, OSHA issued a press release for its new Working Surface and Fall Protection regulations. Falls from heights and on the same level (a working surface) are among the leading causes of serious work-related injuries and deaths. OSHA has updated its new rules on Walking-Working Surfaces and Personal Fall......
Using Paycards for Employees? New Regulations from CFPB Are Coming
WASHINGTON, D.C. – In October, the Consumer Financial Protection Bureau (CFPB) finalized new federal consumer protections for prepaid account users. The new rule requires financial institutions to limit consumers’ losses when funds are stolen or cards are lost, investigate and resolve errors, and give consumers free and easy access to account...
FMCSA Establishes National Drug and Alcohol Testing Clearinghouse for Commercial Drivers
Washington DC – On December 2, the U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) announced a final rule that establishes a national drug and alcohol clearinghouse for commercial truck and bus drivers. The clearinghouse database will serve as a central repository containing records of violati...
Trucking Company Didn’t Hire Driver with Bi-Polar Disorder, Sued by EEOC
DALLAS – Stevens Transport, the largest refrigerated trucking company in Texas and one of the top four largest temperature-controlled carriers in the United States has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) after it refused to hire a U.S. Air Force veteran as a truck driver because of his bipolar disorder. Accord...
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