Category Employment Law
The DOL recently investigated J&J Snack Foods Corp., a New Jersey based food manufacturer, and determined it failed to pay overtime properly to approximately 465 of its employees. According to the investigation, J&J had paid the employees their regular rate of pay for their overtime hours. Nonetheless, J&J agreed to pay $1.2 Million in back
Beginning on November 12, 2015, the U.S. Department of Labor (“DOL”) will begin enforcing a new rule that employers must pay minimum wage and overtime to certain home care workers. Historically, home care workers were exempt from overtime rules and were traditionally paid on a salary or per patient basis regardless of the amount of
Unfortunately, the employment market in Southeast Louisiana continues to suffer. NOLA.Com is reporting that Trinity Marine has sent a WARN notice to the Louisiana Workforce Commission advising that it will be laying off over 300 people this holiday season. See the article at: http://bit.ly/1Rsy2qa. If your company What is a WARN Notice? The Worker Adjustment and
On April 20, 2015, the 5th Circuit clarified that courts should presume that a Title VII plaintiff received a right to sue letter three days after the EEOC mailed the right to sue. Jenkins v. City of San Antonio Fire Dept., 14-50483, *5 (5th Cir. 4/20/2015) (the opinion may be found here). Plaintiffs who file
The Supreme Court addressed an employer’s duty to accommodate pregnant employees in Young v. UPS. In short, the Court held that employers must accommodate pregnant employees the same way the employer accommodates non-pregnant employees. The Pregnancy Discrimination Act The Pregnancy Discrimination Act (“PDA”), prohibits discrimination against pregnant employees, but does not specifically require reasonable accommodations
Who is the EEOC? The EEOC is the Equal Employment Opportunity Commission. It is a federal agency that enforces the following federal laws: Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Americans with Disabilities Act (ADA) Genetic Information Nondiscrimination Act of 2008
Beginning August 1, 2014, Louisiana employers will be prohibited from demanding or even requesting that applicants disclose their log in information for their online accounts. Employers cannot take any adverse action, including not hiring an applicant, because the applicant refused to disclose the information. However, the new law (Personal Online Account Privacy Protection Act) does not
On March 25, 2014, the Supreme Court unanimously held that severance payments to employees are taxable under FICA. This means that employers who terminate employees and provide severance packages to those employees must withhold FICA taxes. Make sure your HR, payroll and accounting departments adjust their practices accordingly. If you have additional questions, you should
Unemployment Insurance Tax Update After January 31, 2014, all Louisiana employers must e-file wage reports and taxes. E-filing wage and tax reports for unemployment insurance is no longer just an option in Louisiana, it’s the law. Quarterly wage reports, amendment forms, new employer registrations and employer reports of account changes must be e-filed with the
Just because an employee is paid a salary, doesn’t mean the employee should not receive overtime. The Fair Labor Standards Act (FLSA) mandates that all employers pay overtime to all employees unless the employee fits into very narrow exceptions. In many cases, employers intentionally or accidentally treat employees as though they are not entitled to