he Obama-era DOL and NLRB rolled out some guidance and opinions on joint employment and independent contractors. Frankly, the agency actions were crazy broad. The result: Tons more contractors and employees on someone else’s payroll looked to the Feds like your employees. We’ve written about it for the Corporate Counsel Newsletter and Corporate Counsel Review.
Remember the new DOL overtime pay rule that got stalled out in court near last Thanksgiving? You know, days before the rule was set to go effective? It’s the one that would have doubled the salary basis threshold for an employee to be exempt from overtime pay. Well, Labor Secretary Acosta recently announced at a House Committee hearing that the DOL will publish an RFI for public comments on what the new salary threshold should be.
Since the last time the EEOC updated its guidance on workplace harassment (oh say, in 1990), a lot has happened. A generation was born, graduated high school and joined American culture. There have been a couple court cases. The EEOC now thinks it’s time for some spring cleaning – proposing a new guidance document found here.
When an employee goes Benedict Arnold and defects with a jump drive (or DropBox account) full of your trade secrets, you know what you want – an injunction to stop him from using your secrets against you, along with money damages from both the ex-employee and his new employer.
But taking a court judgment for your lost profits isn’t always a lock. That’s one reason why ethics clawback policies deserve a close look.
Soon, it just might pay to be overtime-eligible. The House Republicans (with no Democratic support) just passed a bill that would overhaul the Fair Labor Standards Act. Non-exempt employees who work over 40 hours in a workweek could choose to take time-and-a-half pay or extra paid time off, commonly called “comp time.” Today, only government employees can take comp time – not employees in the private sector.