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The Employer Handbook Blog
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Can employers pay inflated expenses to employees and avoid counting them towards overtime?
Suppose you commonly reimburse employees for certain expenses like mileage, meals, or equipment. Suppose instead of paying them the usual rate of “x,” you decide to pay them significantly more, like maybe “4x” for those expenses. Can you do so and exclude those payments from the employee’s regular rate of pay if they work overtime? Continue reading
What should employers know about Lori Chavez-DeRemer, Trump’s pick to run the DOL?
Credit: Lori Chavez-DeRemer on Instagram
If you had your money on President-Elect Trump selecting a pro-labor Republican with support from several unions to run the U.S. Department of Labor, you and I should go to Vegas together so I can ride your coattails. Continue reading
Read this before firing an employee for having an Only Fans account
Is this post safe for work? Yes, it is. Did I write it in Incognito mode, just in case? Yes, I did.
FMLA covers serious health conditions. But what about clinical trials for serious health conditions?
Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial.
Let’s explore why. Continue reading
New Jersey joins the club of states with pay transparency laws.
Sorry, 50 Cent, not that club. Continue reading
Join us today at Noon ET on Zoom to learn how November’s election results may impact employment laws in 2025
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading
Déjà vu all over again: a Texas federal judge erased the new OT rules nationwide
Wikipedia says that déjà vu is the phenomenon of feeling as though one has lived through the present situation before. Last Friday, a Texas federal judge vacated a U.S. Department of Labor 2024 Rule that raised the minimum salary level to be exempt from the Fair Labor Standards Act overtime rules on July 1, 2024 (and would have done so again on January 1, 2025).
If this sounds familiar, it should. In 2016, a Texas federal judge did the same thing. Continue reading
Is a union trying to organize your workplace? Here are two common things companies can no longer do to stop it.
Within the past week, the National Labor Relations Board has reversed over 100 years of combined precedent with two decisions that will make it easier for unions to organize American workplaces. Continue reading
A coworker’s racist, sexist, and homophobic comments weren’t enough to create a hostile work environment. Here’s why.
Employers don’t have crystal balls.
Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but failed to take prompt and adequate remedial action. It’s otherwise known as respondeat superior liability.