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  • Recent Department of Labor Audits a Good Reminder to Understand the Law and Follow Best Practices By: Louis M. Grossman In September, the Department of Labor imposed significant fines against two Louisiana restaurants for violations of the Fair Labor Standards Act (“FLSA”). The iconic New Orleans Cajun-Creole restaurant Jacques-Imo’s paid more than $55,000 in fines for violating child labor laws under the FLSA; Superior Seafood paid out more than $230,000 in... Continue Reading... ....
  • The Final OT Rules Are Out – Time For Action (Again)! By: Brian R. Carnie The wait is over for better or worse – the Trump Administration has released the Department of Labor’s final rule concerning changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). Under the final rule, the DOL has increased the minimum... Continue Reading... ....
  • Social Media and Employment Issues Intersect By Ed Hardin As reported by national and local media outlets, two Gretna, Louisiana, police officers were fired for social media activity that targeted Congresswoman Alexandria Ocasio-Cortez.  In the case of one of the officers, he posted a message on his personal Facebook page regarding the Congresswoman that allegedly included threatening remarks directed toward her. ... Continue Reading... ....
  • Deadline Set for Employers to Report Pay Data By A. Edward Hardin, Jr. As was previously reported, in March, a Federal District Judge in Washington D.C. lifted a stay on the EEOC’s collection of pay data (known as “Component 2” data) from employers with EEO-1 reporting obligations.  The EEOC has now spoken regarding its collection of Component 2 data and stated that covered... Continue Reading... ....
  • Collection of Pay Data Coming Soon? By A. Edward Hardin, Jr. Most private employers with 100 or more employees are required to submit an annual EEO-1 report to the Equal Employment Opportunity Commission regarding the number of workers employed in different categories, broken down by race, sex, and ethnicity.  The Obama administration proposed adding pay data to the required report, as... Continue Reading... ....
  • To Be or Not To Be Exempt (the 2019 Proposed OT Rule) By Brian R. Carnie The Trump Administration has released the new proposed rule changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). Under the new proposed rule, the U.S. Department of Labor wants to increase the minimum salary threshold that must be paid in... Continue Reading... ....
  • New OSHA Memorandum Clarifies That May 2016 Rule Does Not Prohibit Post-Incident Drug Testing By Scott Huffstetler On May 12, 2016, the U.S. Occupational Safety and Health Administration (“OSHA”) published a rule that required a “reasonable procedure” for employees to report work-related injuries and illnesses and prohibited retaliation against employees who report such injuries or illnesses.  The regulations defined an unreasonable procedure as one that deterred or discouraged a... Continue Reading... ....
  • Cell Phone Reward and Risk By James R. “Sonny” Chastain, Jr. In a recent Supreme Court decision involving the Fourth Amendment, Justice Roberts noted that there are 396 million cell phones accounts in the United States for a nation of only 326 million people.  The cell phone provides numerous functions including access to contacts, data, information and the internet.  Some... Continue Reading... ....
  • EEOC Sues United Airlines for Sexual Harassment Based on Employee “Revenge Porn” By Erin L. Kilgore Last week, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against United Airlines, Inc. and alleged that United violated Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination based on sex, including sexual harassment) by subjecting a female flight attendant to a hostile work environment. According... Continue Reading... ....
  • IRS Continues to Ramp Up Efforts to Collect ACA Penalties from Non-Compliant Employers By Brian R. Carnie For those who think the chance of being assessed penalties for non-compliance with the Affordable Care Act are slim to none, think again.  The IRS’ efforts to enforce the ACA’s employer mandate are alive and kicking.  Since late November 2017, the IRS has been sending out proposed penalty notices to companies... Continue Reading... ....