WASHINGTON -- Throughout most of 1998, Jasmine Hakki felt pressed between the demands of her job at fast-growing America Online Inc., and the need to help her terminally ill mother. By spring, she was asking her bosses for time off and more flexible work hours to deal with the family crisis. "No problemo," responded Kristin Teegarten, a supervisor, via e-mail. But there would be problems aplenty. In a $4 million lawsuit she filed against AOL (aol) last year, Ms. Hakki claims that time off was granted grudgingly, chilling her relations with her bosses; that as her mother's condition worsened, she was pressured to go to out-of-town meetings, including one a week after her mother lapsed into a coma; and that she was fired without cause less than a month after her mother died, in January 1999. As if the high-tech world didn't have enough troubles, with mounting losses and swooning stock prices, a number of New Economy companies are being sued for old-time labor-law violations. These … [Read more...] about New Economy … old labor violations
New federal overtime law
A spate of lawsuits and new government rules has the tech industry scratching its head over overtime. The decision earlier this year by computer-game titan Electronic Arts to reclassify some of its employees as hourly workers eligible for overtime pay but not for bonuses or stock options has helped bring the issue to the fore. EA's move followed several suits filed by workers who claim game-software companies, and tech-services giant Computer Sciences, violated overtime rules. And still more lawsuits could be ahead, partly because of a controversial--and some say confusing--revamping of federal overtime rules last year. News.contextWhat's new: A spate of lawsuits and new government rules has tech workers and their employers scratching their heads over overtime. Bottom line: More stories on this topic "It's become very complicated," said Jeffrey Tarter, executive director of the Association of Support Professionals, who also pointed to the muddying effect of the shift to … [Read more...] about More overtime tussles for tech companies?
Professional networking company LinkedIn agreed to pay close to US$6 million in overtime back wages and damages to employees at its branches in California, Illinois, Nebraska and New York, the U.S. Department of Labor said Monday.The payments to 359 former and current employees were made after LinkedIn was found to have violated overtime and record-keeping provisions under the federal Fair Labor Standards Act, which prescribes minimum wage, overtime pay, record keeping and youth employment standards for employees in the private sector and in government.LinkedIn agreed to pay the overtime back wages and take steps to prevent repeat violations, including providing compliance training to relevant employees and their managers, the Labor Department said in a statement. Its investigators found the company did not record, account and pay for all hours worked in a work-week.The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all … [Read more...] about LinkedIn pays almost $6M for wage law violations
Mark Goldstein contributed to the content of this post.2013, a hectic year for labor and employment practitioners in New York, yielded mixed results for employers and, in too many instances, presented more questions than answers. Among the highlights, two federal district courts issued unprecedented decisions attempting to clarify the legal boundaries of unpaid labor in the workplace. And on the legislative front, the New York City Council continued its torrid expansion of the New York City Human Rights Law (“NYCHRL”), already one of the nation’s broadest anti-discrimination statutes.With 2013 almost fully behind us, however, it is time for New York state and city employers to brace for the impact of several of the more pressing employment law issues on the 2014 horizon:Minimum Wage Moving On Up, Up, Up‼Perhaps most importantly, New York state’s minimum hourly wage will increase, effective December 31, 2013, from $7.25 to $8.00 (meaning that the minimum … [Read more...] about New York’s 5 Gifts For Employers In 2014: What State And City Employers Need To Know Heading Into The New Year
The organized labor movement is changing, reflecting two large-scale trends. On the one hand, union membership – once 35 percent of the U.S. workforce in the 1950s – is at its lowest point in more than a century. In parallel, the wealth gap in the U.S. is also at record levels. Get the Free Tracker App to find a Luvabella in Stock Jobs With Justice is one of a number of fast-moving organizations creating new campaigns to bring workers together, create new networks, and build new coalitions for policy change.Itself a new model for labor organizing when it launched in 1987, Jobs With Justice has become part ofA year after a merger of social ventures, which united American Rights at Work under the Jobs with Justice banner, the expanded organization is taking a more aggressive stance in organizing in a climate of concern over the growing wealth gap in the country. The organization brings together labor, community, student, and faith voices at the national and local … [Read more...] about Jobs With Justice: New Campaigns Take Aim At Low Wages, Working Poor, Falling Middle Class
The calendar won't be the only thing changing for small businesses when the clock strikes midnight this New Year's Eve. According to Paychex, a leading provider of payroll, human resources and employee benefit services, small businesses will have to look out for 12 regulatory changes in 2012 that will change the way they operate. "Some of these issues will lead to changes that are made legislatively, and others may be changed through simple rule modifications," said Martin Mucci, Paychex president and CEO. "Regardless of the level of attention they receive, changes to each of these issues could require business owners to make significant adjustments to the way they manage their businesses." According to Paychex, the following areas where regulatory changes may occur are: Job Creation Changes - The recent extension of payroll-tax cuts for an additional two months highlights the potential changes surrounding job creation, as it includes a recapture … [Read more...] about 12 Laws That Will Affect Your Business in 2012
Legal compliance is an important part of running any business. Federal regulations govern numerous aspects of business, and labor and employment laws are among the most carefully scrutinized. Larger corporations can hire dedicated HR professionals and keep attorneys on retainer to help the business stay up-to-date and in compliance with labor laws. But a lack of resources doesn't excuse small businesses from dealing with these important legal issues. "Many small businesses think they can fly under the radar with some of the bigger federal labor laws," said Ashley Kaplan, senior employment law attorney for the HRdirect family of brands, including PosterTracker.com. "But the truth is, the labor law umbrella covering businesses is extensive, and every employer needs to be aware." In recent months, businesses of all sizes have raised a few major employment law concerns. Kaplan discussed four key areas that employers should fully research and understand. [9 Laws That Affect Small Businesses … [Read more...] about 4 Labor Laws You Might Be Breaking
A rule change announced May 18 by the U.S. Department of Labor (U.S. DOL) would expand overtime protections to an estimated 4.2 million workers, extending the rule to cover those making less than $47,476 per year and removing long-standing exemptions in the law. Business News Daily dug into the specifics of the new regulation and spoke with labor policy experts and human resources professionals about the anticipated effects of the change, for both employers and workers. Scheduled to go into effect Dec. 1, 2016, the new rule changes overtime regulations under the Fair Labor Standards Act's minimum wage and overtime protections. Previously, employees were excluded if they were salaried, earned at least $455 per week ($23,660 per year) or were in positions considered executive, administrative or professional. Now, those exemptions will be lifted and the pay threshold for overtime protections will be raised to $913 per week, or an annual salary of $47,476. That pay threshold will be … [Read more...] about What You Need to Know About the New Federal Overtime Rules
For small businesses, a successful hiring process depends on more than just finding the best talent.In addition to uncovering which candidates have the most to offer, the best hiring practices are those that ensure all the company's legal bases are covered throughout the process, said Charley Moore, founder and executive chairman of Rocket Lawyer.With a recent Rocket Lawyer survey showing that employment issues are among the top five legal concerns affecting small businesses, Moore offers six tips for managing the hiring process from the first candidate interview to the official signing of the offer letter. Get it in writing: It is critical that small business owners don't just talk about an employment agreement, but that they get it in writing. Regardless of the new employee's responsibilities, all employment agreements need to be in writing. Be specific: Specify the terms and conditions of employment with an Employment Offer Letter. This document confirms the new employee's … [Read more...] about Are You Breaking the Law? 6 Tips for Hiring Right
Editor’s Note: As of June 30, 2017, the U.S. Department of Labor (DOL) dropped its defense of the final overtime rule as written, but sought confirmation from the courts that it indeed maintains the authority to establish new salary thresholds. Three days earlier the DOL made clear its intent to rewrite the rules with lower salary thresholds. However, in the event the Fifth Circuit Court of Appeals reverses the District Court injunction, the Obama-era final rule could go into effect immediately, meaning employers who are not in compliance would be subject to penalties, possibly retroactively, according to Jackson Lewis attorney Jeffrey Brecher. A U.S. Department of Labor (DOL) rule change that would extend overtime protections to an estimated 4.2 million workers was temporarily halted by an injunction after 21 states sued in District Court. The DOL subsequently appealed the decision and is awaiting a decision in the Fifth Circuit Court of Appeals. Below is an overview … [Read more...] about Are You Ready for the Department of Labor’s Overtime Rule Change?