Category
Compliance
Is it Illegal to Use a Non-Disparagement Clause in Severance Agreements?
Recently, the Biden Administration’s National Labor Relations Board (NRLB) reversed well-established principles and ruled that confidentiality and non-disparagement clauses in severance agreements violate Section 7 of the National Labor Relations Act (the NLRA) if they restrict workers from engaging in protected activity. For instance, the ag...
“Highly Compensated Employee” Exemption Requires Payment on a Salary Basis
A highly-paid offshore tool pusher worker sued Helix Energy Solutions because he was not paid overtime. He was considered exempt under the “highly compensated employee” exemption (Wage and Hour law) but was paid on a day rate, not a salary. In late February, the Supreme Court decided that the worker must be paid overtime because......
Checklist of HR and Payroll Updates for 2023
Happy new year! It’s now time to review and update your company’s HR and payroll practices and documents for 2023. As we close out 2022, and begin 2023, it’s time for human resources and payroll to take some important January actions. Here is Consultstu’s 10 point HR checklist to help you get up to date......
Salary Reduction for an Exempt Employee: What are the rules?
At Consultstu, this is probably the most common question we receive from employers. The federal Department of Labor (and the Fair Labor Standards Act) states that exempt employees must be paid a fixed salary that cannot be reduced based on the quality and quantity of the employee’s work. To qualify for an exemption, employees must......
Can an employee clean the office after hours for a flat fee, or is it overtime?
This question gets asked several times a year. The scenario goes like this … a medical practice gets poor cleaning services from its vendor so an employee asks to clean the office, after hours, for a flat fee. Seems like a win-win solution. The employer receives a clean office and the employee puts some extra......
New 2022 EEO “Know Your Rights” Poster Free to Download
On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) quietly released a new final “Know Your Rights: Workplace Discrimination is Illegal” poster. Click here. The poster summarizes the EEO laws and explains how employees or applicants can file a complaint if they believe that they have experienced discrimination. The new ...
How do Employers Make a “Direct Threat” Determination
The Americans with Disabilities Act (ADA) is 30 years old and employers are familiar with its general requirement to provide reasonable accommodation to qualified individuals (applicants and employees) with a physical or mental impairment that substantially limits a major life activity. A reasonable accommodation is any change or adjustment to a jo...
Prohibiting BLM Messages on Employee Clothing is Legal says NLRB Judge
Most employers have dress code requirements and prohibit employees from wearing certain messages and symbols on their work attire. At Home Depot, its dress code states that the orange apron “is not an appropriate place to promote or display religious beliefs, causes or political messages unrelated to workplace matters.” Home Depot employees...
Are Union Election Petitions Increasing in early 2022?
Yes. According to the National Labor Relations Board (NLRB), during the first six months of fiscal year 2022 (October 1–March 31), union representation petitions filed at the NLRB have increased 57%—up to 1,174 from 748 during the first half of FY2021. At the same time, unfair labor practice charges have increased 14%—from 7,255 to 8,254.......
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