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ten most recent federal employment law articles Ten Most Recent Federal Articles

Halloween in the workplace? Bah! Humbug!

Constangy, Brooks & Smith, LLP • October 24, 2014
When it comes to Halloween in the workplace, just call me Scrooge.

Ebola Update: CDC to Implement Post-Travel Monitoring Program

Ogletree Deakins • October 24, 2014
On October 22, the Centers for Disease Control and Prevention (CDC) issued a press release indicating that, effective Monday, October 27, a new program will be in place through which federal and state health authorities will monitor— for a period of 21 days—all travelers returning from the West African countries affected by Ebola. This active post-arrival monitoring program “is an approach in which state and local health officials maintain daily contact with all travelers from the three affected countries for the entire 21 days following their last possible date of exposure to Ebola virus.” The CDC will provide travelers whose travel originates in Liberia, Sierra Leone, or Guinea with a kit upon arrival to the United States that contains a thermometer, education materials, a symptom log, and health authority contact information.

LGBT charges are rolling in, EEOC Commissioner says

Constangy, Brooks & Smith, LLP • October 24, 2014
Chai Feldblum, a Commissioner of the U.S. Equal Employment Opportunity Commission, recently presented an update on the EEOC’s handling of charges alleging sexual orientation and gender identity discrimination.

DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

Constangy, Brooks & Smith, LLP • October 24, 2014
On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of the Fair Labor Standards Act. Enforcement was originally to begin on the effective date of January 1, 2015, but the DOL now says it will not take enforcement action until after June 30, 2015.

Tech Support - The FLSA's Specialized Exemption

Nexsen Pruet • October 23, 2014
The Fair Labor Standards Act (FLSA) provides several exemptions from overtime requirements for employees whose job duties meet specific tests. Most employers are familiar with the standard “white- collar” exemptions – including the “executive” and “administrative” exemptions – and the job duties and “salary basis” tests required to satisfy those exemptions.

Six Myths about Data Privacy and Security that Professional Employer Organizations Should Skip

Jackson Lewis P.C. • October 23, 2014
Data breaches and compliance failures threaten company reputation and put individuals’ personal identities, finances, and medical information in jeopardy. In the Professional Employer Organization (PEO) industry, where companies providing PEO or other human resource outsourcing services typically work with personal information of their employees as well as that of their customers’ employees, persistent myths can inhibit appropriate action. This article debunks some of those myths and encourages companies to take action.

The Value of Schmoozing in the Age of Social Media

Knowledge@Wharton (Reg Required) • October 23, 2014
Research by McKinsey and Company shows that more than half of all firms use some form of social media to enable employees to collaborate and exchange information.

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Franczek Radelet P.C • October 23, 2014
Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau Director Latifa Lyles posted an entry on the DOL’s official “Work in Progress” blog, advocating for broader paid family leave across the country. Lyle notes that the United States remains the only industrialized nation without paid family leave. The post included data from the Bureau of Labor Statistics and offered arguments in support of paid leave.

Court Determines that Employer's FMLA Notice Sent by Email is Not Reliable (Sending Employer World into Tizzy)

Franczek Radelet P.C • October 22, 2014
We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them.

States Now Paying the Piper for Recession-Driven Increase In Unemployment Insurance Benefits – How Did We Get Here?

Brody and Associates, LLC • October 22, 2014
Unemployment insurance continues to be front and center in the news. Commentators discuss: the legislation pending in Washington D.C. to extend long-term benefits; changes in state and federal unemployment law; and the rise of unemployment rates across the country. How did everything get so out of control? Here is an overview of how we got here and where we seem to be going.