On January 7, 2020, the U.S. Department of Labor (“DOL”) issued a new Opinion Letter on “nondiscretionary” bonuses. When a bonus is offered to employees “to induce them to remain” with the company, the DOL considers the bonus to be...By: Sherman & Howard L.L.C.
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At long last, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act) has been signed into law. The SECURE Act results in many changes to qualified retirement plans, such as 401(k) plans, pension plans, 403(b) plans,...By: Sherman & Howard L.L.C.
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Employers rejoice! The National Labor Relations Board (NLRB) released a string of rulings on Monday reversing three controversial Obama-era decisions. With these rulings, the NLRB returned to long-standing rules in areas of significance prior to the...By: Sherman & Howard L.L.C.
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As noted by the court in International Matex Tank Terminals v. Director OWCP (Dwayne D. Victorian), No. 18-60662 (5th Cir. November 25, 2019) its decision was one of first impression addressing the situs of injury and whether a facility can be called...By: King & Jurgens, L.L.C.
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In Fischer v. Sentry Ins. A Mutual Co., an employee kept a log of when she felt sexually harassed or discriminated against by her employer. The log went missing shortly before the company fired her. In her retaliation complaint, the employee...By: Sherman & Howard L.L.C.
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In November 2019, the Pennsylvania Supreme Court looked at the conflict between federal and state law concerning the calculation of overtime compensation for non-exempt salaried workers. The Court ruled that although federal law explicitly adopted...By: Sherman & Howard L.L.C.
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Zero tolerance against workplace violence is a laudable policy. So too is encouraging employees to withdraw to safety when encountering workplace violence. Thus, when two employees get into a fight, a rational response (and one consistent with these...By: Sherman & Howard L.L.C.
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On October 23, 2019, the Department of Labor (“DOL”) released proposed regulations titled “Alternative Method for Disclosure Through Electronic Media – Notice and Access.” The regulations propose a new alternative safe harbor for the electronic...By: Sherman & Howard L.L.C.
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The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics has released its proposed replacement for the annual Colorado Minimum Wage Order, and if adopted, it will bring significant changes to Colorado employers’...By: Sherman & Howard L.L.C.
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Recently, the National Labor Relations Board (“NLRB”) invited the public to file amicus briefs regarding the treatment of “profane outbursts and offensive statements of a racial or sexual nature.” Gen. Motors LLC & Charles Robinson, 368 NLRB No. 68...By: Sherman & Howard L.L.C.
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