April 2018 Newsletter

On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program, the Payroll Audit Independent Determination (“PAID”) program, which encourages employers to self-report inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”).  The program, which is expected to launch in April 2018, will be rolled out as a six month pilot program, after which the DOL will decide whether to make the...
A Michigan oral surgery practice has agreed to pay $47,000 to settle an age discrimination lawsuit filed by the EEOC. The agency alleged that it violated the ADEA by maintaining a policy that required employees to retire at at 65. The lawsuit stemmed from the firing of an employee four days after her 65th birthday. According to Kenneth Bird, regional attorney for the EEOC’s Indianapolis District Office, “December 2017 marked the 50th...
Sheesh.   I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you? Sexts. Our first one is not technically an employee, but close enough. In a case that is getting a lot of attention in the legal-gossip world, Bill Voge, who was the Chairman of biglaw firm Latham...
Porn and the FMLA. This has all the makings of one big, fat men’s soap opera.  Johnnie Walker was a longtime police officer with the Pocatello Police Department, and he was tasked with investigating Scott and several other members of the police department’s administrative team because these jokers allegedly were accessing porn on their work computers. We never did learn what came of that porn investigation. But as the story goes, Scott later...
A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact pattern usually goes something like this:  Johnny is an assemblyman at your 200-employee facility. He assembles johnson rods. He also has a chronic bad back, and it tends to hurt the most on Mondays and Fridays when he often calls off work. The only predictable thing...
One of our employees noticed bedbugs in our office. Word is getting around, and people are freaking out. Based on where we found them, we believe we can identify the employee who introduced them to the workplace. What do we do now?                                                                                     —Disgusted in Denver Dear Disgusted in Denver, First and foremost: try not to panic. Bedbugs may be an unnerving nuisance, but...