Recent Circuit Court Split Creates Confusion About Mealtime Pay
How do three Federal Circuit Courts of Appeals hear separate but factually identical cases, yet come to three distinct holdings? That is what happened recently when one set of facts with different plaintiffs was litigated in the Ninth, Fifth, and Eleventh Circuits. The result? A split in the circuits regarding when employers must pay for…
How Employers Can Help Ease Mental Health Issues Due to the Pandemic
As the pandemic creeps on into year three, many are noticing a significant deterioration in their mental health—either through an exacerbation of their existing mental health conditions or simply from exhaustion. Fortunately, all is not lost! There are several strategies that employers may implement to assist their employees through this difficult time, and some are…
Deflection is Not the Best Defense to a Wage and Hour Claim
Ideally, employers that are faced with valid overtime or minimum wage claims should focus on working with their attorney to accurately evaluate their exposure and identify the most efficient way to resolve the claim. While this advice seems self-evident, too often employers do not heed it. Instead, frustrated by the cost of defending the claim…
UPDATE: COVID-19 Vaccine Mandates — OSHA’s Mandate Struck Down
On September 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. Consistent with that direction, OSHA developed an Emergency Temporary Standard which would apply to employers with more than 100 employees. On November 4, 2021, OSHA…
Two-Timing Employees in the Work-from-Home Environment
Juggling two or more part-time jobs, or “moonlighting”, has always been the norm for many people struggling to make ends meet. This is especially true in the gig economy, with many people working on several platforms at once. However, recently, with the rise of the work-from-home trend, some full-time employees found a way to double…
When to Consider the Four-Day Workweek
In the midst of unprecedented numbers of job departures being dubbed “The Great Resignation,” many employers are seeking creative ways to retain or attract new talent. One hot topic in the discourse? The four-day workweek. Common for years among those in the healthcare profession, the four-day workweek is being discussed by employers in other sectors.…
EEOC Issues Updated Guidance on COVID-19 Retaliation
According to EEOC statistics, the most common basis for charges of discrimination filed with the agency is retaliation. Issues related to COVID-19, such as the ongoing need for sick leave, vaccine hesitancy, religious exemption requests from vaccine mandates, and long-COVID have added new retaliation concerns for employers. The EEOC’s most recent guidance provides some helpful…
How to Hire and Retain Employees During the Great Resignation
For months, employers have been hearing about the Great Resignation, the term coined for the large number of employees suddenly retiring, quitting, or changing career paths. The Department of Labor has now released numbers for October 2021 showing just how large an impact that the Great Resignation has had. In October 2021, 4.2 million employees…
$10 Million Awarded by North Carolina Jury to White Male Executive Is Costly Reminder to Employers That Efforts to Diversify Must Be Lawful
Employers of all sizes and in all industries are striving to bring diversity to their workforces, including at the management level. Employers would be well-served, however, not to lose sight of the fact that Title VII of the Civil Rights Act of 1964, which governs discrimination in employment, protects all employees from discrimination on the…
Employer Alert: OSHA Rules on COVID-19 Vaccine Mandates
On September 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. Consistent with that direction, OSHA developed an Emergency Temporary Standard which would apply to employers with more than 100 employees. On November 4, 2021, OSHA…