Monthly Archives: February 2012

FLSA OVERTIME EXEMPTION MAY DEPEND ON AMOUNT OF DISCRETION EXERCISED

A federal court in Ohio recently decided what it deemed “a close case” regarding overtime exemptions under the Fair Labor Standards Act (“FLSA”).  In Foster v. Nationwide Mutual Insurance Company, the court held that Nationwide’s special investigators, who investigate potential fraud in Nationwide’s claims, were not entitled to overtime pay due to the FLSA’s “administrative exemption.”

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LINHART V. ZITELLI & BROADLAND P.C.: A LESSON IN DOCUMENTATION AND PROMPT ACTION

It probably comes as no surprise that documentation, or the lack thereof, can play a critical role in matters that lead to litigation.  An example of how a lack of documentation, combined with a delay in acting upon a decision, can have a negative impact on an employer’s defense is reflected in Linhart v. Zitelli & Broadland P.C., a recent decision by the federal district court for the Western District of Pennsylvania.

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THE IMPROVEMENTS CONTINUE…

We told you to expect new content – and you got it! If you haven’t had the chance to download our free investigation tool kit, check it out now in the right margin.

We told you to expect new features and new ways to connect with us – and here’s the first of our exciting new features!  Today, we are launching a regular column that we hope you will find fun and informative.  Check out Vanessa’s Views for a unique perspective on employment issues by clicking in the box above.  We hope you enjoy it, and invite you to tell us what you think.

ROSES ARE RED, VIOLETS ARE BLUE; I HAVE TO READ THIS, BUT WHY SHOULD YOU?

This is the question I asked myself when I was approached to write this column.  Okay, I don’t actually think in rhyme – most of the time.  But seriously, why are “Vanessa’s Views” better than anyone else’s here on the Employment Essentials blog team?  The easy answer is, “They’re not.”  What I do have going for me, though, is the prism through which I view the world around me.

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FORM I-9 COMPLIANCE – THE ICE TURNS UP THE HEAT

All U.S. employers are required to comply with the federal regulations requiring verification of the employment eligibility of all workers. Verification is made by having every employee complete a Form I-9 (Employment Eligibility Verification Form).  Failure to complete the process can result in fines levied against an employer, and in cases involving willful refusal to comply, criminal charges can be brought against the individual(s) within the company responsible for compliance.

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FREE DOWNLOAD: SEXUAL HARASSMENT INVESTIGATION TOOLKIT

To all our Employment Essentials readers, do we have a gift for you! Over the next few months, the EE blog team will be rolling out several new features that we hope you will enjoy. Today marks the start of those efforts, where we celebrate Valentine’s Day with a link to a free sexual harassment investigative toolkit in the right margin. Download the PDF today, because this content will be available on our blog for only a short time.  Better still, keep coming back regularly, because more new features on our blog are right around the corner!

NLRB RULING INVALIDATING COMMON PERSONNEL POLICIES

In a decision that could render illegal several common personnel policies, the National Labor Relations Board has held that an employer violated federal law by enacting rules requiring employees to perform only work during working hours, maintain the confidentiality of personnel files, and voice complaints to their supervisors or human resources rather than to each other.  The Board also struck down workplace policy provisions that prohibited disclosure of electronic messages to unauthorized persons and prevented workers from discussing matters that were under investigation by the employer’s human resources department. 

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