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Employee’s Uncorroborated Statements Not Enough to Survive Summary Judgment

Attorney Harrison Oldham     On April 11, 2022, the court in Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, granted the employer’s motion for summary judgment and dismissed the employee’s claims of disability discrimination, interference under the Family and Medical Leave Act (FMLA), failure to accommodate a disability, and retaliation.   Before dismissing the […]

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Hey Compliance Warriors!   Frequently, I get questions from our members asking questions about the requirements surrounding “salaried” employees. There are 2 kinds of salaried workers. Exempt and non-exempt. I am going to discuss a few actual questions surrounding overtime-exempt employees as described in this FLSA fact sheet. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fs17a_overview.pdf   Can we deduct their pay […]

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Hey Compliance Warriors!   I recently had a question from one of our members that I think is worth sharing. The member wrote: My boss wants to implement a stretching/movement break at work. Can we require employees to stretch and/or walk at a designated time while paid during their normal day?… We are looking for a way […]

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IHCC Consent judgment ends lengthy litigation following 2017 investigation   Despite serving the needs of the elderly at four Maryland assisted-living facilities with high-quality, compassionate care, 27 essential workers fell victim to employers who showed little concern for their well-being or for paying them all the wages they legally earned.   A U.S. Department of […]

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US Department of Labor review alleges gender, race-based discrimination   IQVIA Inc., a multinational healthcare services company, will pay $550,000 in back wages and interest to 984 qualified female and Black applicants as part of an agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve alleged hiring discrimination at its Parsippany, New Jersey, […]

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Hey Warriors!   On April 9, 2022, Maryland lawmakers voted to enact SB 275, the Time to Care Act of 2022 (the “Act”), making it the 10th state to create a paid family and medical leave program for workers with specific needs.  Paid leave will not become available until January 1, 2025.    Here is […]

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Hey Warriors!   Florida Governor Ron DeSantis signed into law so-called “anti-woke” legislation on April 22nd, 2022. This legislation amends the Florida Civil Rights Act and will likely limit the ability of employers to require, as a condition of employment, training that includes discussions of “implicit bias” or “systemic racism”.   The new law will […]

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Attorney Harrison Oldham       Beginning on May 7, 2022, all private employers in New York State will be required to notify employees of electronic monitoring in the workplace.  On Nov. 8, 2021, Governor Kathy Hochul signed new legislation amending New York State’s Civil Rights Law to mandate that employers engaged in electronic monitoring […]

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  The Wage and Hour Division has undertaken important steps toward safeguarding the rights of U.S. and H-2B workers through the H-2B visa program. To ensure that workers know their rights and employers know their obligations, we are publishing these resources: Field Assistance Bulletin 2022-3: Employment in Unapproved Job Classifications in the H-2B Visa Program. This bulletin […]

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Hey Compliance Warriors!   Frequently, I get questions about the tax laws surrounding the practice of providing gift cards, cash, or other cash equivalent means of rewarding or compensating employees. Many people are surprised to learn that these payments (or gifts) are actually taxable as wages.   Here are the IRS sources for your review: […]

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