Tag Archives: employment policies

Regulatory and Legislative Changes: No Summer Holiday Break

While you may have thought that the major party conventions and Olympic Games in Rio would have resulted in a break from significant legislative and regulatory changes, that simply does not seem to be the case.  Recent changes affecting manufacturers include the following: The U.S. Department of Labor to increase civil penalties for ERISA violations.  … Continue Reading

New Wage and Hour Requirements for Certain Employees of Manufacturers

In May, the U.S. Department of Labor (“DOL”) published its amended regulation regarding the so-called “White Collar” exemption from the Fair Labor Standards Act (“FLSA”).  As a result, manufacturers may either have to boost the wages of some employees or radically change the manner in which those employees are compensated. Under the FLSA, employees must … Continue Reading

Employment Law Developments for Manufacturers:  Predictably Unpredictable!

Manufacturers should take note of two recent developments in the human resources world.  One expected.  The other not. Frequent readers of this blog may recall that in January I predicted the United States Department of Labor (“DOL”) would make good on its goal of updating the “Persuader Rule.” By way of background, the Persuader Rule … Continue Reading

Recent NLRB Decision Gives Manufacturers Another Reason to Update Policies

As I have commented in this space multiple times, under the Obama Administration, government agencies (particularly the U.S. Department of Labor, the Equal Employment Opportunity Commission and the National Labor Relations Board) have given manufacturers great incentives to review and update employment policies in light of an aggressive enforcement environment.  The National Labor Relations Board … Continue Reading

EEOC Retaliation Guidance Ups the Stakes for Manufacturers

I ended my January 21 “employment law predictions” post by writing, “One thing I can count on as these ‘Years of Change’ continue, [I]  expect something unexpected.”  The EEOC made that prediction come true the same day when it published for comment a wholesale revision of its policy guidance on retaliation claims under federal civil … Continue Reading

Never too Late for Some 2016 Employment Predictions!

  While we are still saying “Happy New Year” (I checked and was told that January 21 was still “not too late” to wish good tidings for 2016), and as we get ready for the Great East Coast Blizzard of 2016, I thought it would be a good time to add my own predictions for … Continue Reading

The Background Check Conundrum: “Manufacturing” a Problem (Pun Intended)

I am a longtime advocate of pre-employment criminal background checks.  So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to limit the use of an applicant’s criminal history in all but limited circumstances.  New York City’s recently enacted “ban … Continue Reading

Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test

Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27, 2015, a divided Labor Board ruled 3-2 that Browning-Ferris Industries was the “joint employer” of workers supplied by a third-party.  Browning-Ferris Industries, … Continue Reading

Raising Manufacturing Employees’ Wages? Consider the Unintended Consequences

The political discourse focusing on the wage disparity between the rich and the poor has led to efforts to raise the minimum wage for American workers.  Today, more than half the states have minimum wages above the Federal minimum wage, and effective July 1, 2015, the District of Columbia crossed the $10 per hour threshold … Continue Reading

Proposed DOL Rulemaking Means Uncertainty for Manufacturers

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on a proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455 per week ($23,660 annually) to an expected $970 per week ($50,440 annually), as projected by the DOL for 2016. The DOL … Continue Reading

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination claims and arguably injected considerable uncertainty into “restricted duty” or “light duty” work programs. Factual Background Peggy Young worked for … Continue Reading

Five 2015 Labor and Employment Predictions for Manufacturers

The second half of 2014 was a whirlwind of activity on the labor and employment front, and I expect that trend to continue in 2015 with manufacturers having to navigate the rapids created by these developments. The United States Supreme Court will be called on to address the Constitutionality of state medical and recreational marijuana … Continue Reading

The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers

The approaching holidays may have put Congress, the National Labor Relations Board and the United States Supreme Court in the “gift-giving” mood.  In the last week, three significant developments occurred which may radically affect manufacturers in 2015. On December 11, in Purple Communications, a divided National Labor Relations Board ruled that employees had a statutory … Continue Reading
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