A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in Asheville found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure …

DOL Dings Company Using Comp Time for Overtime Pay Violation Read More »

Long COVID-19 can be considered a disability under the Americans with Disabilities Act, per the U.S. Department of Health and Human Services, and employers need to know how to provide accommodations for those workers, panelists said during a March 9 webinar. The webinar, hosted by the Job Accommodation Network, a service provided through the U.S. Department of …

Long COVID-19: Don’t ‘get bogged down in determining a disability’ Read More »

As an employer, one of your worst fears may be that a disgruntled or entrepreneurial former employee may try to share your internal operations, documents, or trade secrets. What you can do to protect your business in these situations may not always be clear. This article is meant to help you consider your options when …

My Former Employee Is Sharing Confidential Information – Help! Read More »

This case is simple—straightforward and potentially contradictory language in two dueling statutes related to the date wage payment is due, allowing an employer to meet the letter if not the spirit of the code. Spoiler alert: the text will prevail. Facts Robert Parsons works for Estenson Logistics, LLC, which pays its employees weekly. Its pay …

If 7 Turned Out to Be 10: Determining When Weekly Wage Is Due Read More »

Former President Bill Clinton signed the Family and Medical Leave Act into law on Feb. 5, 1993. In remarks made at the White House Rose Garden that day, Clinton said the FMLA addressed a “substantial and growing need” of a changing workforce. “We all bear the cost when workers are forced to choose between keeping …

FMLA: The 30-year legacy of a celebrated — and complicated — employment law Read More »

It’s that time again. The H-1B visa season has arrived, and employers that are considering petitioning for H-1B visas should start planning for the registration process now. Here’s some general information about H-1B visas, the process, and changes from last year. H-1B Visas in Demand When recruiting or hiring candidates for “specialty occupation positions” employers …

Planning for H-1B Visa Season Read More »

It can be confusing when an employee lives in one state but works in another and then seeks unemployment benefits after termination. In which state should she file? A recent case before the Arkansas Court of Appeals provides some guidance. Facts Monique Miller was an Arkansas resident working in Tennessee when she was laid off …

Employee Who Worked in One State but Lived in Another Seeks Unemployment Read More »