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Articles by Erica Reib
Employment LawScene Alert: DOL Issues Final Overtime Rule with Significant Salary Threshold Increase
Under the Fair Labor Standards Act, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for all hours worked in a workweek in excess of 40. In order to be considered exempt, an employee must be paid a salary in excess of a certain amount and must perform certain job duties, generally of a bona fide executive, administrative, or professional. Currently, the salary basis is $35,568 per year ($684 per week), which was most recently updated in 2019.
Employment LawScene Alert: Biden Proposed Budget Has Labor and Employment Signals
On March 11, 2024, President Biden released the Budget of the U.S. Government for Fiscal Year 2025. Although this proposed budget is only a proposal and unlikely to pass either the House or the Senate as currently drafted, it does provide insight into the Biden Administration’s priorities and contains a number of important labor and employment components.
Employment LawScene Alert: Dust Off Those Handbooks-The NLRB Has Changed Its Rules (Again)
Because the incumbent President appoints members of the National Labor Relations Board (NLRB), the NLRB’s decisions often reflect the policy choices of that President’s political party. Generally, when a Democrat holds office, the NLRB’s decisions are more employee and union-friendly, and when a Republican holds office, the NLRB’s decisions are more management-friendly.
Dust Off Those Handbooks: The NLRB Has Changed Its Rules (Again)
Because the incumbent President appoints members of the National Labor Relations Board (NLRB), the NLRB’s decisions often reflect the policy choices of that President’s political party. Generally, when a Democrat holds office, the NLRB’s decisions are more employee and union-friendly, and when a Republican holds office, the NLRB’s decisions are more management-friendly.
Employment LawScene Alert: Religious Accommodation in Employment Will Have Its Day at the High Court
In recent years, the U.S. Supreme Court has made major employment law headlines with its Bostock decision (holding sexual orientation and gender identity are protected classes under Title VII) and Epic Systems decision (holding class-action waivers are enforceable against employees), among others. It looks like 2023 will be no different.
COVID-19 Vaccination Mandates: What Now?
Whether you rolled up your sleeve to get COVID-19 shots or to challenge vaccine mandates, it's vital for lawyers and clients to know the current legal status of workplace vaccination requirements. Americans continue to grapple with the COVID-19 pandemic and its effects on everyday life, both inside and outside the workplace. So far, the best defense against severe illness and death related to COVID-19 has been vaccination.
Employment LawScene Alert: What Does President Biden’s Executive Order on Non-Competes Mean for Wisconsin Employers?
On Friday, July 9, 2021, President Biden signed an Executive Order that, among other things, instructed the Federal Trade Commission (“FTC”) to ban or limit non-compete agreements and other clauses or agreements that “unfairly limit worker mobility.” This is not a federal ban on non-compete agreements and does not change any current law.
Employment LawScene Alert: Biden Administration Supports New Laws Protecting Employees from Discrimination
In this, the latest installment in our series discussing the Biden Administration’s workplace initiatives, we will now consider the potential impact on employment discrimination laws. At the moment, there are two main legislative actions underway in Congress, and President Biden has lent his support to both these initiatives, as well as other proposals that would affect employment discrimination laws.
Employment LawScene Alert: The Biden Administration Tackles Wage and Hour Issues
In this installment of our series discussing the new workplace initiatives under the Biden Administration, we will discuss wage and hour issues that employers should prepare for, including an increased federal minimum wage, updated enforcement priorities, and the proposed Paycheck Fairness Act. Minimum Wage The federal minimum wage was last increased in 2009. Since then, multiple states and municipalities have increased their minimum wages.
The Biden Administration Tackles Wage and Hour Issues
In this installment of our series discussing the new workplace initiatives under the Biden Administration, we will discuss wage and hour issues that employers should prepare for, including an increased federal minimum wage, updated enforcement priorities, and the proposed Paycheck Fairness Act. Minimum Wage The federal minimum wage was last increased in 2009. Since then, multiple states and municipalities have increased their minimum wages.
Employment LawScene Alert: What’s a Biden Presidency Going to Mean for Employers? An Overview
The labor and employment law policies and enforcement goals of the federal government rely largely on which party’s administration occupies the White House. When inaugurated in January, President Joseph R. Biden made some immediate and significant changes that will affect employers.
What’s a Biden Presidency Going to Mean for Employers? An Overview
The labor and employment law policies and enforcement goals of the federal government rely largely on which party’s administration occupies the White House. When inaugurated in January, President Joseph R. Biden made some immediate and significant changes that will affect employers.
Solutions: COVID-19 and Employment-related Claims
As of early December 2020, more than 260 citations for violations of the OSHA Act have been issued by the OSHA Administration related to COVID-19, ranging in monetary penalties from $0 to $32,956 and totaling in excess of $3.5 million. More COVID employment-related claims under the OSHA Act and other laws are sure to follow. In the wake of the coronavirus pandemic, lawyers expected a wave of employment law litigation. While some litigation has already materialized, more is certainly on the horizon.
Employment LawScene Alert: Wisconsin Face Covering Order Issued – Effective August 1, 2020 | LexBlog
Today, Wisconsin Governor Tony Evers declared a Public Health Emergency and issued an Emergency Order requiring individuals to wear face coverings. This Emergency Order goes into effect at 12:01 a.m. on Saturday, August 1, 2020 and will expire on September 28, 2020, unless there is a subsequent superseding emergency order.
Employment LawScene Alert: Supreme Court Rules that Title VII Prohibition on Sex Discrimination Protects Gay and Transgender Employees
Today, June 15, 2020, the United States Supreme Court issued a landmark ruling holding that an employer who fires an individual based on his or her sexual orientation or transgender status violates Title VII’s prohibition against discrimination “because of . . .
The New Wave of Litigation: An Early Report on COVID-19 Claims
The coronavirus outbreak in the United States started only a few months ago, but courts in Wisconsin and around the country already are seeing a new wave of related litigation. Since the outbreak of the novel coronavirus (also referred to as COVID-19) in China in late 2019 and its spread around the globe, business in the United States has slowed and in many cases ground to a halt.
Employment LawScene Alert: When Are My Employees Entitled to Leave under the FFCRA because their Children are Home from School or Daycare?
As we previously covered here, the Families First Coronavirus Response Act (“FFCRA”) requires that, with certain exceptions, employers with 500 or fewer employees must provide employees with leave in certain circumstances pursuant to the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLA”).
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