Injunction Stops New DOL Rule Increasing Salary Level Test: Now What?
Written By: Don Benson, Esq. Many employers have been asking what is next step for them in light of the injunction issued 112/22/16 in the U.S.D.C. Texas holding that the DOL may not impose the new higher salary level for jobs exempt from overt
Do Employees Get Time Off to Vote?
Written by: Don Benson, Esq. With every election, employers need to revisit their rules on letting employees off to vote, and whether such leave needs to be paid leave. For the most part, this will be governed by the state law of where the empl
Congressional Move to Delay DOL’s Overtime Rules
Written by: Don Benson, Esq. Despite the threat of a presidential veto and numerous Democratic objections, the U.S. House of Representatives voted 246-to-177 on September 28, 2016 to delay by an additional six months the U.S. Department of Labo
OSHA PENALTIES INCREASE August 1, 2016
Written by: Don Benson, Esq. Congress enacted legislation in November of 2015 requiring federal agencies to adjust their civil penalties to account for inflation. OSHA’s maximum penalties were last adjusted in 1990. The new penalties will inc
OSHA’s New Rule On Post-Injury Drug Testing
Written by: Don Benson, Esq. and Sam Sykes, Esq. OSHA’S NEW ELECTRONIC DATA REPORTING REQUIREMENTS, (29 CFR § 1904.35(b)(1)(i)), effective August 10, 2016, also restrict an employer’s ability to impose a blanket demand of post-injury dr
New Guidelines For Treatment of Transgender Students
Written by: Sean Cox, Esq. and Don Benson, Esq. This month the United States Departments of Education and Justice issued Guidelines intended to direct educational institutions in how Title IX requirements apply to transgender students, or stu
New Federal Trade Secrets Law Almost Here
Written by: Don Benson, Esq. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. On April 4
Five Employment Law Issues for Risk Managers Throughout 2016
By: Don Benson, Esq. Risk Managers can expect to be confronted in the remainder of 2016 with five growing trends in employment law that require organizational attention and planning: Protecting Trade Secrets Protecting your competitive edge is
Assisted Living Facility Miss-Classifies Employees As Independent Contractors: Owes $56,000.00 To Nine Employees
Written by: Don Benson, Esq. The U.S. Labor Department announces in a March 16, 2016 press release that a Tampa assisted living facility must pay more than $56K in back wages to nine employees. Two employees were miss-classified as indepe
New EEOC Lawsuits Seek to Expand Title VII to Protect Sexual Orientation
By Don Benson The EEOC has filed two new cases alleging sex discrimination based on sexual orientation: • In EEOC v. Scott Medical Health Center, P.C., (W.D. Pa., No. 2:16-cv-00225-CB, filed March 1, 2016). The EEOC sued Scott Medical Healt