On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc., 15 F.4th 289 (5th Cir. 2021), cert. granted, No. 21-984 (U.S. May 2, 2022), and a corresponding split among the circuit courts of appeal regarding the application of Fair Labor Standards Act (FLSA) regulations for the “highly compensated employee” (HCE) exemption from overtime.
Archives for October 24, 2022
Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?
Dear Littler: We are a retail store with locations across the country. We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.
California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine Employer’s Witnesses
On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under California’s Workplace Violence Safety Act (WVSA) is entitled to cross-examine witnesses at the evidentiary hearing for the restraining order.
Not My Employee – How Professional Employment Organizations Can Protect Against Unnecessary Liability
NEW JERSEY’S DUAL EMPLOYMENT CONCEPT ALLOWS THE WORKERS’ COMPENSATION COURT TO FIND THAT MORE THAN ONE ENTITY IS AN EMPLOYER.
U.S. Supreme Court to Clarify Scope of Attorney-Client Privilege Issue
The U.S. Supreme Court has agreed to review a case to clarify the scope of attorney-client privilege in the context of dual-purpose communications. In re: Grand Jury, No. 21-1397.
Starbucks Showdown in Boston Points to New Phase of Union Campaign
The company moved to contain the labor push after it took off nationally. Now, with strikes and other tactics, organizers seek to regain momentum.
Job Rejection Doesn’t Have to Sting
It’s natural to feel disappointed. Here’s how to move forward and position yourself for success.
Labor movement’s next big challenge: Keeping momentum as economy slows
Despite an Amazon setback last week, unions have gained footholds at big companies such as Apple, Chipotle and Starbucks
A New Framework for Mental Health in the Workplace
Recently, the U.S. surgeon general recommended workplace wellness strategies.
Why are there still so few women in senior leadership roles? McKinsey report unpacks the math
For every 100 men promoted from entry level to manager, only 87 women are promoted.
Five Ways To Improve Employee Mental Health In The Workplace
Mental health is no longer something companies can leave up to their employees to prioritize.
Five Reasons Soft Leaders Could Negatively Impact The Workplace And Employees
In today’s workplace and business world, people are increasingly careful with how they structure their words.
Millions of workers are dealing with long COVID. Advocates call for expanding social safety net.
Emily Withnall caught COVID-19 from her teenager in July 2020.
The bosses who silently nudge out workers
Employers are often reluctant to fire employees for myriad reasons. But quietly side-lining them in the hope that they’ll quit often leads to even greater harm.
What Are the Top 10 Most Confusing Workplace Apps?
Confused by QuickBooks? Mystified by Microsoft Excel, Teams, and One Drive? Baffled by Salesforce or Square? You’re not alone.