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Remember to Include Non-Discretionary Income When Calculating Overtime Pay Under the FLSA

by Daniel Kaplan in Human Resources, Legal, Risk Management. Posted October 26, 2023

One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of labor law in the United States, intended to ensure that employees receive fair compensation for their work. One crucial aspect ...

7 Steps to Upskill Your Workforce for the AI Era

by Fisher Phillips in Human Resources, Technology. Posted October 24, 2023

How prepared is your workforce for the ongoing AI revolution? It’s not about replacing humans with robots – it’s about reshaping the roles of your employees. As Executive Chairman of the World Economic Forum Klaus Schwab recently said, “In the new world, it’s not the big fish which eats the small fish, it’s the fast ...

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Are Random Acts of Violence Recordable OSHA Injuries?

by John Ho in Human Resources, Legal, Safety & Security. Posted October 19, 2023

According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident, the driver who caused the accident entered the company’s vehicle, shot the employee, stole the vehicle, and fled the ...

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Are You Properly Paying Your Bell Staff? 5 Top Questions for Hotels that Take a Tip Credit

by Fisher Phillips in Human Resources, Legal. Posted October 10, 2023

Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may neatly fit into the “tipped employee” category, but you may have more difficulty determining whether other workers ...

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Threat of Harm to Others — What’s an Employer to Do?

by Bennett L. Epstein in Human Resources, Legal, Risk Management. Posted October 5, 2023

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the employer do? One step the employer must take is to determine whether the errant behavior is ...

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EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

by Fisher Phillips in Human Resources, Technology. Posted September 28, 2023

We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal Employment Opportunity Commission’s (EEOC’s) August 9 legal filing in a New York federal court revealed that a tutoring company agreed to pay $365,000 ...

Ensuring Child Labor Law Compliance Amid Growing Scrutiny

by Foley Lardner in Human Resources, Legal. Posted September 26, 2023

In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies.1 While employment of certain minors is permitted under federal and state law, there are restrictions regarding the type of work, schedule and hours that minors may work. The media scrutiny brought focus to ...

Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

by Fisher Phillips in Human Resources, Legal. Posted September 21, 2023

Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees eligible for overtime premiums. The U.S. Department of Labor (DOL) announced today that it intends to significantly raise the ...

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Employers, Take Note: New Protections for Pregnant Workers Effective June 27, 2023

by CSG Law in Human Resources, Legal. Posted September 14, 2023

The Pregnant Workers Fairness Act (“PWFA”), which became effective on June 27, 2023, is a new law requiring covered employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would result in an “undue hardship” to the employer. Examples of “related medical conditions” include ...

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Using Employees’ Requested Pronouns: It’s About Dignity, Respect and Minimizing Legal Risks

by Fisher Phillips in Human Resources, Legal. Posted September 12, 2023

As employers strive to create inclusive and compliant workplaces, you should note that using an employee’s requested pronouns not only conveys respect but also helps you stay in compliance with anti-discrimination laws. In fact, the Equal Employment Opportunity Commission (EEOC) takes the position that intentionally and repeatedly using the wrong pronouns to refer to LGBTQ+ ...

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