Labor and Employment - HospitalityLawyer.com®

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2023 Year-End Reminders and 2024 Employment Law Changes

by Francesca Giderof in Human Resources, Legal. Posted November 14, 2023

As 2024 approaches, employers should be mindful of the following 2023 employment requirements, as well as laws which are effective January 1, 2024. If you have any questions regarding compliance on the below requirements, please reach out to your servicing Laner Muchin attorney. 1. Paid Leave for All Workers Act One of the biggest changes ...

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OSHA Proposes Rule that May Allow Union Organizers and Plaintiffs’ Attorneys to “Walk Around” Workplaces

by Conn Maciel Carey in Human Resources, Legal. Posted November 9, 2023

Earlier in October, OSHA issued a Notice of Proposed Rulemaking for a “Worker Walkaround Representative Designation Process” Rule, which would expand the circumstances when non-employees, particularly union representatives at non-union workplaces, can accompany OSHA inspectors during enforcement inspections. The proposed rule would allow union representatives, other labor or community activist groups, and even plaintiffs’ attorneys (or their ...

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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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