Blog


Jul

22

2016

image for Get Ready for EEOC Activity on Sexual Orientation and Transgender Sexual Discrimination Charges

Get Ready for EEOC Activity on Sexual Orientation and Transgender Sexual Discrimination Charges

Posted by: Adair M. Buckner

The Equal Employment Opportunity Commission (EEOC) has begun pursuing in earnest charges and lawsuits based on sex discrimination under Title VII for sexual orientation and transgender discrimination.

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Jun

17

2016

image for DOL Tightens Definition Of Independent Contractor Again!

DOL Tightens Definition Of Independent Contractor Again!

Posted by: Adair M. Buckner

The assault on independent contractor classification of workers by employers just heightened another step. On July 15, 2015, the US Department Of Labor (DOL) issued a new guidance that narrows the definition even more. Many workers who have been classified as independent contractors will have to be recognized as employeesThe new definition places emphasis on the "economic realities" test.

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Jun

17

2016

image for Requiring a Health Questionnaire in Hiring Can Cost You Big Bucks

Requiring a Health Questionnaire in Hiring Can Cost You Big Bucks

Posted by: Adair M. Buckner

“Employers need to realize EEOC will vigorously challenge this discriminatory practice which both discourages some individuals, from applying, and allows employers to consider illegal factors in their employment decisions." The EEOC will be looking for instances to challenge practices such as this, so be on notice. The EEOC has included eliminating barriers in recruitment and hiring as one of six national priorities in its Strategic Enforcement Plan.

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Jun

13

2016

image for New Overtime Rules & the Non-Profit Sector

New Overtime Rules & the Non-Profit Sector

Posted by: Adair M. Buckner

Do you know how the new FLSA overtime pay rules affect non-profit organizations?

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Mar

28

2016

image for Clock for New DOL Overtime Exemption Regulations Springs Ahead

Clock for New DOL Overtime Exemption Regulations Springs Ahead

Posted by: Adair M. Buckner

The clock has been pushed ahead on a possible compliance date for the new Department of Labor (DOL) rule revising the minimum salary level for white collar overtime exemptions.

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Mar

11

2016

image for Top 10 Reasons You Need A Will

Top 10 Reasons You Need A Will

Posted by: Adair M. Buckner

Here's the top 10 reasons you need a will.

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Jan

27

2016

image for HR Managers Can Help Stem the Tide of Huge Damages

HR Managers Can Help Stem the Tide of Huge Damages

Posted by: Adair M. Buckner

According to a January report from the large national employment law firm, Seyfarth-Shaw*, the value of class-based employment-related litigation and enforcement actions reached an all-time high in 2015.

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Dec

30

2015

image for Independent Contractor Classification Review: Avoid DOL/IRS/TWC Trouble

Independent Contractor Classification Review: Avoid DOL/IRS/TWC Trouble

Posted by: Adair M. Buckner

The fight continues between employers and the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and state employment agencies over who can truly be classified as independent contractors. Misclassification can be tragic for employers. Don't let your business be one of the targets.

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Dec

4

2015

image for New Overtime Rules' Implementation Substantially Delayed

New Overtime Rules' Implementation Substantially Delayed

Posted by: Adair M. Buckner

These anticipated changes are likely to have a significant impact on employers across all industries, particularly those employers with a lot of front­‐line managers and assistant managers classified as exempt and those employers that use the professional and administrative exemption for many of their entry­‐level positions.

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Jul

6

2015

image for DOL Puts Out New Proposed Overtime Exemption Rules For Comment

DOL Puts Out New Proposed Overtime Exemption Rules For Comment

Posted by: Adair M. Buckner

First Proposed Revision - Salary Basis Test: One issue raised is that the $455/wk. salary is too low to justify exempting many workers from receiving overtime for many socalled white collar workers. This wage amounts to $23,600.00 per year. This baseline figure has not been updated since 2004. This failure to update the overtime regulations leads to an exception to overtime eligibility originally meant for highly-compensated executive, administrative, and professional employees, who earn little more than the wages for a poverty-level family of four wages.

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