Recently, the Department of Labor reissued seven Family and Medical Leave Act (“FMLA”) forms. These forms now have an expiration date of August 31, 2021. The reissued forms are: WH-380-E, Certification of Health Care Provider for Employee’s Serious Health Condition; WH-380-F, Certification of Health Care Provider for Family Member’s Serious Health Condition; WH-381, Notice of...Read More
The U.S. Senate has confirmed John Ring, an attorney at Morgan Lewis & Bockius LLP, by a 50-48 vote to fill the only remaining vacancy on the National Labor Relations Board (NLRB). The board now consists of three Republicans and two Democrats. With a Republican majority on the board, practitioners are anticipating the overturning of...Read More
Employers have a legal obligation to provide employees a Form W-2 stating the employee’s wages and withholdings for the year by January 31 of the following year. This obligation remains even when an employer has closed its doors and ceased operating. Employees should confirm that their employer (including former employers) have their most current contact information so...Read More
A Texas federal judge today (August 31, 2017) struck down the Obama administration’s controversial rule amending the salary requirements for employees eligible for overtime pay. The rule increased the salary requirement of $23,660 annually (or $455 per week) for those falling under the administrative, professional or executive exemption to $47,476 annually (or $913 per week). For...Read More
President Donald Trump announced via Twitter last week that transgender individuals are no longer permitted to enlist or serve in the military. Although this ban is only applicable to the military, employees and employers are concerned of its impact on the workplace. According to the U.S. Bureau of Labor Statistics, there are approximately eight million...Read More
The Seventh Circuit just became the first federal appellate court in the country to extend Title VII protection to discrimination on the basis of sexual orientation. The decision was issued today in Hively v. Ivy Tech Community College. In Hively, the plaintiff was a part-time adjunct professor who identified as a lesbian. The plaintiff sued...Read More
On November 22, 2016, a federal judge from the Eastern District of Texas issued a preliminary injunction against the Department of Labor’s new federal overtime rule. This preliminary injunction will be enforced nationwide. The new overtime rule was set become effective on December 1, 2016, and it would have raised the salary requirement for employees...Read More
On November 16, 2016, a federal judge from the Northern District of Texas issued a permanent injunction barring the U.S. Department of Labor from enforcing its new “persuader rule.” The Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.SC. § 401 (2006), et seq., passed in 1959, amended the National Labor Relations Act by requiring employers...Read More
