The U.S. Equal Employment Opportunity Commission (“EEOC”) and the Office of Management and Budget (“OMB”) recently approved the EEOC’s revised proposal to collect summary employee pay data information through the Employer Information Reports, or EEO-1s. Under the new rule, employers (including federal contractors) with 100 or more employees will be required to provide…
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As seen in Today's Restaurant News - Florida Edition - Volume 20 In an article published in the October issue of Today's Restaurant News Florida, Alicia Koepke provides insight on the new criteria surrounding the upcoming Department of Labor overtime requirements that go into effect December 1, barring any delay from current challenges to…
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By: Trenam's Employment Law Team The National Labor Relations Act (“NLRA”) is a federal law governing collective bargaining and protecting the rights of workers to unionize. Because unions are uncommon in Florida outside of the public sector, many private employers never deal with union workers and may mistakenly believe that the NLRA does…
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By: Trenam's Employment Law Team The Occupational Safety and Health Administration (OSHA) issued a final rule revising its Occupational Injury and Illness Recording and Reporting Requirements. The new rule does two things: (i) it establishes employer requirements for workplace injury and illness reporting, including requiring employers to give employees notice of…
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DOL Announces Final Rule Doubling Salary Threshold for Exempt Employees In our November 2015 Employment Law Update, we discussed the Department of Labor’s proposed rule changing the requirements of the "white collar" exemptions to the overtime requirements of the Fair Labor Standards Act. Whether an employee is exempt depends on the nature…
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By: Trenam's Employment Law Team An employer faces many risks when it terminates an employee, including potential claims of discrimination. Having the employee sign a separation agreement that includes a release of claims in return for payment to which the employee would not otherwise be entitled is a good way to eliminate or…
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By: Trenam's Employment Law Team “Ban the Box” or “Fair-Chance Hiring” describes a recent movement that advocates removing the check box appearing on many job applications asking applicants whether they have criminal histories. Ban-the-box advocates say that inquiring into criminal histories reduces job prospects for ex-offenders and that banning the box will…
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By Boyd E. Chapin, III The Patient Protection and Affordable Care Act (“ACA”) commonly known as “Obamacare” created new reporting obligations in 2015 requiring most employers to report certain information to the Internal Revenue Service (“IRS”) about each of its full-time employees, including whether it offered the employees and their dependents…
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Uncertainty over coming revisions to federal overtime pay regulations is no excuse for delaying to prepare for changes that could profoundly affect how workers view their jobs. Click here to read this article on Health Leaders Media.
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The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and one-half times an employee’s regular rate for hours worked over 40 in a workweek. There are a few exceptions to this requirement, including the so-called…
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