Congress Passes Law Prohibiting Sharing of Employee Tips with the Company

USDOL Announces PAID Program to Incentivize Self-Report and Resolution of FLSA Violations

Earlier this month the Wage and Hour Division (WHD) of the U.S. Department of Labor announced the launching of a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which seeks to incentivize employers to voluntarily seek out and rectify potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The pilot period will extend for approximately six months, at which time the WHD will evaluate the effectiveness of the program and consider potential modifications.

Using Visas for Global Mobility: The L-1 Visa

Is your company aware of the L-1A intracompany transferee visa available for executives and managers? In the day and age when immigration visas are scarce and the H-1B lottery is outdated and inadequate, HR and employers must become creative in meeting the goals of company ownership and the directives of their boards. One immigration tool which is not subject to a cap and readily available year round is the L‑1A intracompany transferee visa for executives or managers.

Breastfeeding in the Workplace – Protections for Employees and Requirements for Employers

Before former Governor Chris Christie left office, he signed into law a bill amending the New Jersey Law Against Discrimination to include protections for women breastfeeding. Now, the Law Against Discrimination specifically includes “breastfeeding” as a protected trait, with other traits such as race and sex.  This means that the Law Against Discrimination prohibits discrimination against an employee on the basis of that person breastfeeding.

The NLRB’S Ever Changing Joint Employer Rule

It is not easy these days trying to figure out what test the NLRB will utilize in determining whether one company is a “joint employer” of another.   On February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial Contractors, Ltd, decided just a few months earlier in December 2017, and restored the more expansive joint employer test announced in 2015 in Browning-Ferris Industries, which Hy-Brand had overruled.  Under Browning-Ferris, one company can be considered a joint employer of another if it just possesses “indirect control” or  “reserved authority” over the workers, even if it never exercised such control or authority.

Say what? …. You don’t have an Employee Handbook?

If you’re an employer and you do not have an Employee Handbook, or you have an outdated one, then you will want to keep reading.  Whether you are a small or large employer – or anywhere in between – an Employee Handbook can play an extremely important role in setting out the employer and employee expectations right from the beginning.