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Archive by tag: Tyler & HagenReturn

Non-Disparagement Clauses in Cross-Hairs of NLRB – Lessons for Employers and their Employment Lawyers - Part Two

Part One of this post discussed an NRLB Office of General Counsel Advice Memorandum which determined that a provision in employment agreements used by The Stange Law Firm, P.C. unlawfully interfered with or restrained employees in their exercise of...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Non-Disparagement Clauses in Cross-Hairs of NLRB – Lessons for Employers & their Employment Lawyers - Part One

This is an instructive tale of the Stange Law Firm, P.C. and its disputes with employees, with lessons regarding both non-disparagement provisions in employment agreements and how to view internet postings which are critical of employment and an...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Better Late Than Never? Have You Filed Your EEO-1 Component 2 (Pay Data) Forms Yet?

Are you a private-sector employer with 100 or more employees who is supposed to be filing EEO-1’s, but who has not yet filed EEO-1 Component 2 (Pay Data) forms for 2017 and 2018? If so, let me tell you a story... Section 42 USC 2000e-8(c) part of...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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DOL’s "Fluctuating Workweek" Method of Pay Explained - Part 2

Our previous Wage and Hour Watch post summarized DOL’s recent Notice of Proposed Rulemaking on the FLSA fluctuating workweek overtime regulations. Today’s post will focus on the particulars of the current rules. The fluctuating workweek (FWW) method...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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DOL Proposes New FLSA Rule on the “Fluctuating Workweek” Method of Paying Non-Exempt Salaried Employees - Part 1

On November 5, USDOL’s Wage and Hour Division issued a press release with the enticing title, “U.S. Department of Labor Announces Proposal to Expand Access to Bonuses for America’s Workers.” Despite the title, the WHD is not unveiling any new FLSA...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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DOL Issues Proposed Rule for Tipped Employees

Working to clarify the jumbled mess of FLSA tipped worker regulations, on October 8, 2019, the Department of Labor announced a proposed rule that incorporates recent court rulings and statutory changes to the FLSA. The FLSA allows employers to take...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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DOL Announces Results of the Payroll Audit Determination Program (PAID)

In a press release dated September 26, 2019, the DOL Wage and Hour Division announced that since implementing its PAID Program in April of 2018, it has completed 74 cases, with back wage findings of $4,131,238 found due to 7429 employees. Under the...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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At Last: DOL Announces Final Rule on Salary Threshold for White Collar FLSA Exemptions

On Tuesday September 24, 2019, the DOL announced its latest attempt to raise the minimum salary required for application of the so-called EAP exemptions for executive, administrative and professional employees under the FLSA. Earlier this year, the...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Democratic Presidential Campaigns as "Employers"

Speaking at the Iowa Federation of Labor’s annual convention in mid-August, 2019, AFL-CIO President Richard Trumka, told Democratic presidential candidates who have been working the state, “If you want our endorsement … show us that you’re...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Inability to Work Unpredictable, Unscheduled Overtime Renders an Individual "Not Qualified" for ADA Purposes

The title may be in error: It is not a generally true statement in all circumstances. The plaintiff in the Eighth Circuit’s August 26, 2019, opinion in Tasha McNeil v. Union Pacific Railroad Co., No: 18-2333, provided her employer, Union Pacific,...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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