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Want to stop supervisors who allow off-the-clock work or look the other way when employees work unpaid overtime? Remind them that the Fair Labor Standards Act allows employees to sue supervisors who violate the law personally—not just the organization itself.
Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.
In recent months, the National Labor Relations Board has been busy. So have courts that oversee its activities. Two courts handed down employer-friendly decisions invalidating or at least delaying the implementation of new rules instituted by the NLRB.
Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.
The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.