Publications

Department of Labor Proposes Dramatic Changes to the Salary Test in overtime Exemption Questions. 

The U.S. Department of Labor (DOL) has proposed new regulations under the Fair Labor Standards Act (FLSA) that will dramatically increase the number of employees who must be paid overtime. Up until now, employees who earned a “genuine salary” $455.00 per week (or $23,660.00 per year) could qualify as exempt if their primary job functions fell within certain narrowly-defined specifications. See the entire document here.

Advice on the Supreme Court’s Same Sex Marriage Decision
On Friday, June 26, 2015  the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556. In a 5-4 vote, the Supreme Court held that state bans of same-sex marriages are unconstitutional. What does this mean for public and private employers?  See the entire  document here. 

OSHA Final Rules on Reporting Injuries

On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s presently relaxed reporting requirements. See the entire document here.

NLRB Affirms Micro Unit

NLRB Affirms Micro-Unit
In many cases in which employers face an NLRB petition for a union representation election, the employer’s ability to prevail in the election depends upon its ability to influence the composition of the election unit (a/k/a “bargaining unit” if the employer loses the election).  See the entire document here.

EEOC Issues Guidance on Enforcement of Pregnancy Discrimination Act

The EEOC issued a document titled EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues. The Guidance states that it “provides guidance regarding the Pregnancy Discrimination Act a(“PDA”) nd the Americans with Disabilities Act (“ADA”) insofar as they apply to pregnant workers.” In its “Questions and Answers” released along with the Guidance, the EEOC stated that the “Enforcement Guidance updates prior guidance on this subject in light of legal developments over the past thirty years.”

FMLA Compliance
Employee’s behavior revealing she suffered severe emotional stress and anxiety
may constitute a “report” of the need for FMLA Leave. 

Drug Testing in the WorkPlace
A New Emphasis 

Are You Entitled to Overtime Pay?
Twelve Common Errors

FLSA and FMLA Issues
Practical tips for FMLA Compliance
De Minimis Overtime and Constructive Knowledge under the FLSA

DOL’s FMLA Forms Expired
Should Employers Still Use Them?  

ADA Interactive Dialogue
Key to Avoiding EEOC Challenge 

Avoiding Expensive Employment Mistakes
Mis-Classifying Employees as Contractors

Georgia Aviation Expo
The Perils and Pitfalls of Aviation Security Agreements

Post-Accident Flightcrew Representation:
In a Nutshell

The University of Louisville Brandeis School of Law:
Employer Responses to Blogging

The 2006 Georgia Labor Management Conference:
Effective Grievance Handling