Management Update Newsletter

Volume 7, Issue 12

December 2018

FLSA Claims for Automatic Meal Break Deductions Continue to Plague Long-term Care Industry

The continued wave of FLSA lawsuits shows an alarming trend and emphasis on wage and hour related disputes both in the private and federal enforcement contexts. In fiscal year 2017, the Department of Labor, Wage and Hour Division reportedly collected an average of $740,000 in back wages for workers per day. (https://www.dol.gov/whd/data) In the context of private litigation, the top ten most expensive FLSA lawsuits for 2017 reportedly amounted to over $180 million. (https://blog.tsheets.com) And, while the long-term care industry was fortunate to avoid this particular "top 10" list, it is far from insulated from wage and hour lawsuits in a variety of contexts, including alleged violations of the FLSA based upon the practice of making automatic meal deductions from the healthcare workers' compensation. Continue reading.

Be Very Careful What You Say to an Employee About FMLA Leave: You May Create a Claim that Otherwise Would Not Have Existed

We all know that in addition to requiring an employer to provide unpaid leave for up to twelve (12) workweeks and reinstatement upon return, the FMLA also prohibits an employer from interfering with an employee's exercise of their rights under the FMLA. In order to be eligible for the protections of this Federal law, an employee must generally have worked for the employer for twelve months and 1,250 hours. However, employers can easily say or do things that can create an FMLA claim by employees who would ordinarily not be eligible for the protections of the Act. Continue reading.

Tis The Season to Accommodate Your Employee's Religious Beliefs

This time of year is significant to many religions, a great many of which do not celebrate the Christian tradition of Christmas. (This is not an invitation to discuss the Pagan origins of the Christmas tradition. My daughter, the missionary, has already given me an ear-full. Please allow me my fantasy that Baby Jesus had a beautiful spruce tree topped with a real angel at his birth.) Continue reading.

Holiday Party Useful Tips to Consider

Some employers have moved away from holiday parties. However, many, including BS&W, continue to host holiday parties for employees, and some even continue to provide adult beverages at these parties. Below are some useful tips to consider if you do so. Continue reading.

Holiday Workplace Safety

With the increase in merchandise sales during the holiday shopping season comes an increase in potential hazards for workers in the wholesale, transportation, and retail industries. Employers should take appropriate actions to protect workers fulfilling customer orders, delivering packages, and managing crowds of shoppers. OSHA has resources to help keep workers safe at every step along the way in getting gifts from the warehouse to your home. Holiday Workplace Safety guidelines can be found here.