The Government Agency Clash On Whether “Because of Sex” Includes “Sexual Orientation”

Today, while it is understood that the phrase “because of sex” includes gender stereotyping, the law remains in flux as to whether discrimination “because of sex” includes discrimination because of “sexual orientation.” CONTINUE READING...

Buy American Hire American: New Executive Order on H-1B Visas for Foreign Workers

On April 17, 2017 the President signed a new Executive Order that directs federal agencies to review employment immigration laws to promote "Hire American" policies. The Order will most likely impact the H-1B visa programs. CONTINUE READING...

Lessons Learned from IRS Audits of 401(k) Plans

The Internal Revenue Service (IRS) conducts hundreds of audits of 401(k) and other employee qualified retirement benefit plans each year. Audits can result from participant complaints, inter-agency referrals, responses contained in the plan’s Form 5500 or from the random selection of the plan for audit. CONTINUE READING...

Top Five Curveballs to Look Out For When Dealing with the FMLA

The Family and Medical Leave Act (“FMLA”) requires covered employers to provide eligible employees with unpaid family and medical leave for certain qualifying reasons. While employers should definitely know the FMLA basics (i.e., whether they are “covered employers” who employ any “eligible employees”), here are the five FMLA potential “curveballs” that every employer should look out for when dealing with the FMLA: CONTINUE READING...

Extending Sharing of Restaurant Workers’ Tip Pool Beyond Servers and Those With Daily, Recurring Similar Duties Risks Serious Liability

About a decade ago plaintiffs’ employment lawyers discovered the plaintiff-friendly attorneys’ fee provisions of the Fair Labor Standards Act (FLSA). As a result, overtime pay suits by private lawyers went from almost none to very numerous -- and with very costly consequences for employers. CONTINUE READING...