Archive for the ‘employer’s duty to report’ Category

Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees — are entitled to minimum wage and overtime pay pursuant to the Fair Labor Standards Act. If implemented as proposed, early estimates indicate that over 5 […]

 

EEOC Digital Charge Processing – Pilot Program Underway

The EEOC launched a pilot program, “ACT Digital” on May 6, 2015 in the following EEOC offices: Charlotte, N.C. (that includes Greenville, S.C.; Norfolk, Va.; Raleigh, N.C.; Richmond, V.A.); and San Francisco, C.A. Additionally, the EEOC announced plans to expand the pilot to four more districts by the end of May 2015 and that ACT […]

 

Conducting Workplace Investigations

Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (issued on June 18, 1999).  http://www.eeoc.gov/policy/docs/harassment.html The information contained in the Enforcement Guidance provides a useful tool for employers engaging in workplace investigations.  The […]

 

$60 Million and Counting – Lessons from Penn State

On July 23, the NCAA imposed severe monetary and participation sanctions on the Penn State football program with the purpose of bringing about a cultural change at the school.

 

Child Porn Found In the Workplace: Affirmative Duty to Report

Misbehaving by sending inappropriate text messages, or by striking up inappropriate internet relationships is not limited just to politicians.   A hazard of our ever-present connection to the internet is the flood of information to our computers, not all of which we’ve invited or requested.  Malware, mis-directed internet searches, and unauthorized users of computer equipment can […]