Articles and Blogs

On July 1, 2015, amendments to Indiana’s wage assignment and wage payment laws went into effect.  These amendments allow for additional employee paycheck deductions and also reduce the potential damages to be charged against an employer for making an improper deduction. Changes to the Wage Assignment Statute Sometimes, as a matter of convenience, an... READ MORE

On June 26, 2015, the Supreme Court of the United States handed down a landmark opinion in Obergefell v. Hodges, holding that same-sex couples may exercise the fundamental right to marry in all 50 states and that there is no lawful basis for a state to refuse to recognize a lawful same-sex marriage performed... READ MORE

The U.S. Department of Labor (“DOL”) has officially proposed a significant increase to the salary requirement governing which executive, administrative and professional employees are entitled to the Fair Labor Standards Act’s minimum wage and overtime pay. In order to be exempt from minimum wage and overtime, an employee must be a bona fide executive, administrative... READ MORE

On June 22, 2015, a jury awarded two employees of a grocery warehouse $2.2 million in what may be the first case to go to a jury under the Genetic Information Nondiscrimination Act (“GINA”). It serves as a heads-up for employers. A Cheek Swab to Match DNA of the Culprit In this case, the employer... READ MORE

On June 15, the Supreme Court of Colorado in Coats v. Dish Network ruled in a 5-1 opinion that Dish Network did not violate Colorado state law when it terminated Coats, a former employee and also a medical marijuana patient, for failing a drug test despite that the failure was caused by off-the-clock medical marijuana... READ MORE

Now that the summer vacation season is officially upon us, it is important for employers and their nonimmigrant workers to consider the potential risks nonimmigrant workers face when traveling internationally prior to the start date of an approved H-1B petition. According to an informal immigration policy known as the “Last Action Rule,” the last... READ MORE

Take a look at the FMLA forms you are now using and glance at the top right corner where you will see an OMB Control Number.  Just below that number, what does the expiration date say?  A safe bet is that the form you are using has expired!  But, all is not lost as the... READ MORE

OFCCP has posted new sample AAPs for protected veterans and individuals with disabilities in follow up to the substantially revised VEVRAA and Section 503 regulations that went into effect last year.  The samples show how covered federal contractors might satisfy their new regulatory requirements in their initial (aka “transition”) AAP year.  According to the... READ MORE

Under the National Labor Relations Act (“NLRA”), prior to implementing changes to wages, hours or other terms and conditions of employment, employers are required to give the union notice and an opportunity for bargaining. Once the union has received notice of a potential change, it is required to request bargaining in order to preserve... READ MORE

Employers and the EEOC faced off again recently, this time over the EEOC’s obligation to engage in conciliation before commencing litigation against an employer. In Mach Mining, LLC v. EEOC, the employer prevailed in claiming that a federal court may decide whether the EEOC met that obligation but made the EEOC’s burden in establishing... READ MORE