Smart HR Manager News Feed

FLSA Lawsuits Hit an All-Time High

Michael Cardman — Mon, 02 May 2011 18:47:30 +0000

The number of lawsuits filed under the Fair Labor Standards Act reached an all-time high last year.
During the 12-month period ending June 30, 2010, 7,028 FLSA lawsuits were filed in federal district courts nationwide, according to statistics recently released by the Administrative Office of the United States Courts.

8th Cir. Limits Tipped Employees’ Prep Work, Maintenance Duties

Michael Cardman — Fri, 29 Apr 2011 20:24:51 +0000

Waiters, bartenders and other tipped employees may spend no more than 20 percent of their time on “general preparation work or maintenance” duties, such as setting tables, making coffee or washing dishes, a federal appeals court has ruled.

New FLSA Regulations Reject Bush Administration’s Proposed Changes

Michael Cardman — Mon, 04 Apr 2011 20:35:09 +0000

The U. S. Department of Labor on April 5 will publish updates to its Fair Labor Standards Act interpretive regulations in the Federal Register, to go into effect 30 days later.

The “clean-up regulations” revise regulations that had become out of date because of amendments to the FLSA dating back as far as 1974.

Store Managers Are Exempt Executives, 4th Cir. Rules

Michael Cardman — Wed, 30 Mar 2011 20:20:54 +0000

A store manager who performed all the tasks necessary for the successful operation of the store and whose income depended on both that success and on her store’s profits is exempt as an executive under the Fair Labor Standards Act, the 4th U.

New ADA Employment Regulations Finalized

Michael Cardman — Thu, 24 Mar 2011 18:40:27 +0000

New regulations implementing changes to the Americans With Disabilities Act have been finalized and will take effect in May. The regulations, issued by the U. S. Equal Employment Opportunity Commission, apply the expanded coverage mandated by the ADA Amendments Act.

Oral Complaints Protected Under FLSA’s Retaliation Clause, Supreme Court Rules

Michael Cardman — Tue, 22 Mar 2011 18:02:54 +0000

Oral complaints by employees about possible employer violations of the Fair Labor Standards Act are protected activities under the Fair Labor Standards Act’s retaliation provision, the U. S. Supreme Court ruled March 22.

EEOC Seeks Public Comment on All Regulations

Michael Cardman — Fri, 18 Mar 2011 20:57:32 +0000

The U. S. Equal Employment Opportunity Commission has requested the public’s input on its regulations, including those implementing Title VII and the Americans With Disabilities Act. Specifically, it wants to know whether any regulations should be changed or repealed.

New ADA Regulations Take Effect

Michael Cardman — Fri, 18 Mar 2011 20:52:11 +0000

New regulations from the U. S. Department of Justice took effect March 15, creating new program and facility accessibility requirements for entities subject to Titles II and III of the Americans With Disabilities Act.

Supreme Court Expands Employers’ Discrimination Liability Under USERRA

Michael Cardman — Thu, 03 Mar 2011 22:02:58 +0000

An employer may be held liable under the Uniformed Services Employment and Reemployment Rights Act for the discriminatory intent of a supervisor who influenced but did not ultimately make an adverse employment action, the U.

Supreme Court Declines to Review Nonexempt Status of Pharmaceutical Sales Reps

Michael Cardman — Thu, 03 Mar 2011 21:59:44 +0000

The U. S. Supreme Court has let stand, without comment, a ruling by the 2nd U. S. Circuit Court of Appeals that pharmaceutical sales representatives did not qualify for either the administrative exemption or the outside sales exemption from the overtime pay requirements of the Fair Labor Standards Act.