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January 2020 Archives

Are The Age Discrimination Different Rules For Federal Workers?

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees who are 40 and over. It applies to both the private and public sectors, including the federal government. However, the language in the Act is slightly different when talking about federal employees than when discussing private sector employees. 

Court: FMLA Leave Must Be For Care, Not Evaluation Of Illness

When an employee refused to travel for work based on his wife's ongoing heart troubles, he did not have a valid claim for leave under the federal Family and Medical Leave Act (FMLA), a federal court has found. In this instance, the man did not actually provide any care and his company could not have known he was attempting to make an FMLA claim.

DOL Issues Final Rule On Franchisors' Wage And Hour Liability

On Sunday, Jan. 12, the U.S. Department of Labor issued a final rule on liability for franchisors and companies that outsource services to staffing agencies. The new rule, which replaces a policy put in place by the Obama administration, makes it harder for employees to prove that these companies are legally responsible when a franchisee or staffing firm fails to pay the minimum wage or overtime.

Does A Mandatory Arbitration Clause Mean You Can't Go To The EEOC?

Since 1997, the Equal Employment Opportunity Commission has had a policy against employers using mandatory arbitration clauses and agreements in employment contracts. It was the position of the EEOC that requiring employees to arbitrate any disputes with their employers would not be in the public interest if it bypassed the agency's enforcement of discrimination and harassment claims.

New Salary Threshold For Overtime Exemption In Effect On Jan. 1

The Department of Labor has issued a new rule on who qualifies as exempt from overtime. Classifying a worker as exempt requires identifying a specific exemption, such as the executive, administrative, learned professional, computer employee or outside sales exemptions. Then, the job must both meet the definition of the exemption and exceed the salary threshold.

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