In a recently decided court case, the Third Circuit Court of Appeals has ruled that paid time off (sometimes referred to as PTO) earned through an employee’s job does not count as part of their salary. As a result, deductions made from an employee’s PTO by their employer does not violate the Fair Labor Standards Act (FLSA). This case is the first of its kind to be decided at the Circuit Court level, meaning it may influence how other similar decisions are made. Continue reading “Federal Appeals Court Says PTO is Not Salary”
Author: Steven Mitchell Sack
NYC Resume Scanning Law Goes Into Effect April 15
A new law in New York City, known as Local Law 144 or the “Automated Employment Decision Tools Law,” will soon come into effect. This law will substantially impact the ability of employers to use resume scanning software to make employment decisions, by forcing them to demonstrate the programs are unbiased in their decision making. The law will go into effect on April 15, at which point employers using these programs in NYC will need to comply with the law’s requirements.
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Seven Signs Your Employer May Be Committing Wage Theft
“Wage theft” is the term used to describe any practice where an employer refuses to pay their employee the money they are legally owed. This set of practices is shockingly common, costing workers billions of dollars every year due to lost wages and other costs. Watch for these seven signs to see if your employer might be stealing from you or your fellow employees:
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Meat Packing Company Fined $1.5m For Child Labor Violations
One of the nation’s biggest meat packing companies, Packers Sanitation Services Inc. (PSSI), was forced to pay more than $1.5 million in civil penalties after it was discovered they illegally employed more than 100 underage workers in dangerous occupations. Their duties often involved cleaning dangerous tools and working with dangerous chemicals. The National Labor Relations Board said that the company’s child labor violations stretched across eight states, including Arkansas, Colorado, Indiana, Kansas, Minnesota, Nebraska, Tennessee, and Texas.
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Speak Out Act Set to Invalidate Nondisclosure Clauses in Employment Contracts
A new law, known as the Speak Out Act, will make it illegal for employers to put nondisclosure clauses or non-disparagement clauses in employment contracts. This will make it far harder for employers to silence employees who try to blow the whistle on labor or employment law violations. It will also limit the ability of employers to silence employees who are the victims of discrimination or harassment on the job.
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Are You Entitled to a Reasonable Accommodation at Work?
The Americans with Disabilities Act guarantees workers the right to “reasonable accommodations” for their disabilities, which must be provided by their employer. However, that does not mean that everyone gets access to everything they might want to make their jobs easier. So how do you know if you might be entitled to a reasonable accommodation, and what does that look like?
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Two New Laws Set to Help Pregnant Workers Avoid Discrimination
Two new federal laws, signed into law by President Biden at the end of 2022, are set to substantially improve the protections that pregnant workers have at their jobs. These two laws, the Pregnant Workers Fairness Act and the PUMP Act, make it easier for pregnant women and those who recently gave birth to access reasonable accommodations from their employer. Together, they make it so that women no longer need to fear professional repercussions for having children.
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FTC Proposes Ban on Non-Compete Clauses for Employment Contracts
The Federal Trade Commission (FTC) has recently announced that it is considering a ban on non-compete clauses for employment contracts across the country. The rule, if accepted, would make it illegal for employers to require employees to sign non-compete agreements as part of their terms of employment. The rule is meant to help many employees who often struggle to find work as a result of these restrictive agreements.
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Five Things You Need to Know About Commissioned Employees
A surprising number of people across the United States are commissioned employees, people who are paid in part based on their sales or other metrics of job performance. While these jobs can be potentially lucrative for some, they also carry their own potential risks for exploitation by employers. Here are five things you need to know about commissioned employees:
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DOL Finds Crumbl Cookies Violated Child Labor Laws in Six States
Crumbl Cookies, a national chain of bakeries specializing in cookies, has been accused by the U.S. Department of Labor of violating child labor laws in at least six states by making them work longer than is legally permitted. They are also accused of making these underage workers, some as young as 14 and 15, perform job duties that are considered hazardous, in violation of federal law. The company, when asked about the accusations, responded that it was “disappointed” that a “small number” of its franchisees chose to violate labor laws in this way, and emphasized its commitment to a safe working environment for its employees.
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