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October 2016 Newsletter

Earlier today, a group of 21 states filed a lawsuit in the United States District Court for the Eastern District of Texas challenging the Department of Labor’s new overtime rule, which is set to take effect on December 1, 2016.  The group challenging the rule is led by Texas and Nevada, and includes the following states:  Alabama, Arizona, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi...
I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I read about a bully getting a good smack down, I get all warm and fuzzy inside. Such is the story of Tim, a manager for Tyson Foods. Over the course of several years, Tim had all the makings of a bully: in 2010, he was disciplined...
Ever since the Equal Employment Opportunity Commission updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions in 2012, many state and local jurisdictions have adopted laws limiting employers’ ability to inquire about applicants’ criminal histories. And many employers not covered by those laws are voluntarily adopting policies against considering criminal information...
In an interview last month, the 2016 Republican presidential nominee stated that if his daughter were sexually harassed, he “would like to think she would find another career or find another company.” His son later stated that because his sister was “a strong, powerful woman[, s]he wouldn’t let herself be, you know, subjected to [sexual harassment].” Both comments have sparked a backlash that has once again brought the issue of sexual harassment...
Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck! Unless you’ve been living under a rock the past week, or you plug your ears and go “la-la-la-la . . . I can’t hear you” every time 2016 presidential news echos over the airwaves, you know that Democratic presidential...
As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating intermittent leave, the FMLA is full of booby traps ready to nail us the instant we slip up. Chief among these traps is trying to determine precisely the moment when an employee has put the employer on notice of...
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