Q Can we prorate annual bonuses based on time away from work because of leaves of absence? Can we be more generous in prorating bonuses for Family and Medical Leave Act (FMLA) leaves and less generous for non-FMLA...
Employment Law Letter
The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. The nature and degree of the changes, however, will depend heavily on how President-elect Joe Biden fills senior roles not...
In a split decision, the Washington Supreme Court recently ruled dairy employees are entitled to overtime pay under state law if they work more than 40 hours a week. The 5-4 ruling nullified an exemption to the...
Beginning January 1, 2021, South Dakota’s minimum wage for hourly employees will increase to $9.45 per hour from the previous rate of $9.30 per hour. South Dakota adjusts its minimum wage as needed every year to stay in...
Several weeks ago, Tony Kessler, senior content manager at BLR®, sent an e-mail asking for perspectives on the year 2020. His note prompted this article. The year has been full of challenges, including racial unrest...
A temporary COVID-19 rule issued by the Oregon Occupational Safety and Health Administration (OSHA) creates new requirements for employers in the state. General requirements Oregon OSHA has issued a temporary rule in...
Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees...
Believe it or not, 2020 is nearly over. (Good riddance, right?) While the average Oklahoma workplace continues to look and function differently than ever before, some things never change. One day it may be nearly 70...
Elections for union representation have long been conducted in-person and with manual ballots. The National Labor Relations Board (NLRB) has a strong preference for in-person representation elections. The COVID-19...
An employer could lawfully terminate an employee who used a racial slur on Facebook, the U.S. 6th Circuit Court of Appeals (whose rulings cover all Ohio employers) recently concluded after applying a test that balances a...
Q Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), can a police officer’s probationary period be extended for the amount she is on military leave? This also would cause her performance...
Door-to-door solicitors weren’t subject to the “outside salesperson” exemption under the Fair Labor Standards Act (FLSA), the U.S. 6th Circuit Court of Appeals (which covers Michigan and Ohio, as well as Kentucky and...
From the rapid shutdown of the workplace, to the gradual return to the office, to the day-by-day challenges of coping with stress and dealing with guidance updates, COVID-19 has certainly kept me on my toes. Here are...
The employment law landscape has undergone massive shifts in 2020. Here are some thoughts on the big picture and what employers may be able to learn from the embattled year of COVID-19, economic stress, and racial...
Because of the COVID-19 pandemic, employers have been struggling with furloughs and layoffs and trying to understand their new obligations to provide some form of paid leave for coronavirus-related absences. In such an...