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What I've Been Reading This Week


Without a doubt, one of the more talked about topics that I came across this week dealt with potential changes to overtime exemptions under the FLSA.  It is still early and these changes might never actually occur.  However, if they do, there will be many, many employers and employees alike who will be impacted.

As always, below are a few articles that caught my eye this week.


Is FMLA Leave Allowed So An Employee Can Attend to An Autistic Child?

This was one of the more interesting FMLA related articles I came across recently.  I wanted to draw readers' attention to this one as Jeff Nowak does a great job walking through the issue of whether FMLA leave is allowed for employees to care for autistic children.  While there might not be a clear cut answer on this matter, Jeff provides the reader with the foundation to better understand the issue and and comprehend some of the finer points of the FMLA.



Robin Largent has a well written note on the Department of Labor's recently announced proposed changes to the white-collar overtime exemption under the FLSA.  Under the proposed changes, to qualify as exempt, employees would now need to be paid at least $970/week (rather than the current $455/week).  As well, the "highly compensated" employee exception would require these employees receive a minimum salary of $122,148/year (rather than the current $100,000/year).  Time will tell whether these proposed changes become law...but this is the first step in that direction.


Employers Beware: Retaliation Claims Can Prove Disastrous

At one point or another, many employers deal with retaliation claims from their employees.  Charlie Plumb provides an example of an employer who dealt with a retaliatory discharge claim from a former employee and conduct the employer undertook which could expose them to liability.  Certainly an interesting situation for employers to study.  Let this example be a warning of what actions to consider avoiding.


Is President Obama About to Flip the Employment Application Process on its Head?

Readers might remember some of my articles on Ban the Box measures in cities and states around the country.  Proponents of these bills argue that an applicant's criminal history should not be taken into consideration from the initial point of application; and instead should come into play only after a conditional offer of employment has been made.  As Lindsay Blakely notes, President Obama's recent comments on the topic and the importance of giving workers with a criminal record a fair chance at a job might just push this issue even further into the forefront of employment discussions in this country.  Stay tuned...

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