Perusing LinkedIn, as I often do over morning coffee, I saw this plea on one of the human resources groups I follow. Not having the time to read it carefully, I put it aside in my “fodder for future blog posts” folder. Like most of the people who responded quickly with advice for the human resource professional who sought help from her colleagues, my first thought was “big red flag.” How can a company operate with all leaders and no workers, with all executives and no support staff? The reality is that very few businesses of any size can realistically classify all of its workers as exempt.
Last week, the Department of Labor issued new guidance on whether interns are “employees” covered by the Fair Labor Standards Act’s minimum wage and overtime provisions. In the updated guidance, the DOL has adopted the “primary beneficiary test,” first applied by the U.S. Court of Appeals for the Second Circuit in 2015, and used by a growing number of courts in recent years.
Continue Reading DOL Issues New Guidance on Unpaid Internships
Earlier this month, the Supreme Court announced that it had decided not to hear the case of Gavin Grimm – the transgender student who sued his school district seeking access to the restroom and locker room facilities that correspond to his gender identity. The Court’s change in course followed the Trump Administration’s rescission of an Obama-era Department of Education policy on the issue of bathroom access. Although Grimm’s suit involves public school students, private employers have been keeping a close eye on the case for any implications it may have on the rights of transgender employees in the workplace. The answer to that question will have to wait.
Continue Reading The Problem with Pronouns
Earlier this week, the New Hampshire Supreme Court issued an opinion holding that the New Hampshire Law Against Discrimination, RSA Chapter 354-A, can impose liability upon individual employees for aiding and abetting discrimination in the workplace, and for retaliation against another employee in the workplace of a qualifying employer.
The issue came before the New…