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Showing posts for: Karen Davis

Apr 02 2026
Employee ClassificationsWage and Hour

Q&A: Managers have to mostly manage, or lose overtime exemption

Question: A store manager who recently quit is now demanding a huge amount of overtime pay, claiming that they spent most of their time doing nonmanagement tasks. We classify all of our store managers as exempt from overtime. What is our exposure? Answer: The answer will depend heavily on all of your store managers’ normal…

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Dec 06 2025
Wage and Hour

Timing of paydays may bring an extra pay period in 2026 or 2027

If you pay your employees on a weekly or bi-weekly basis, the 2026 or 2027 calendars may include an “extra” payday. Many employers pay employees every week (usually 52 paydays per year), or every other week (usually 26 paydays per year). These regular paydays account for 364 days each year. But, since there are actually…

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Sep 05 2025
DisabilityHarassment & DiscriminationSafety and Health

Lack of individual ADA assessment costs employer nearly $27M

A federal district court in Oregon recently awarded $26,952,863, including $25 million in punitive damages, to a train conductor whose employer automatically excluded him from returning to work after dislocating his shoulder. The employee, who had spent 20 years in the military and was physically active, injured his shoulder at home on his farm. He…

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Aug 08 2025
Harassment & DiscriminationHiring

E-Verify employers should proactively check work status

Employers that use E-Verify as part of their Form I-9 process may be surprised to learn that the Department of Homeland Security (DHS) now expects them to regularly log into E-Verify to see whether any employees’ temporary work authorizations have been revoked. On June 20, 2025, DHS issued a notice explaining this new procedure. Parole…

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Jul 21 2025
Affirmative ActionHarassment & Discrimination

OFCCP closes audits and resumes processing complaints

On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified federal contractors of Labor Secretary Order 08-2025, which directs the OFCCP to close all scheduled affirmative action compliance reviews and to resume processing individual discrimination complaints from protected veterans and individuals with disabilities. On January 24, 2025, as we previously reported, the…

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Jun 09 2025
Harassment & Discrimination

Title VII analysis is the same for majority and minority groups

On June 6th a unanimous U.S. Supreme Court ruled that members of a majority group who allege discrimination under Title VII of the Civil Rights Act don’t have to shoulder an extra burden of proof compared to members of a minority group. In this case, a heterosexual woman working at a juvenile correction agency in…

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Apr 21 2025
Safety and HealthWashington

Washington L&I makes wildfire smoke AQI levels official

As promised, Washington’s Division of Occupational Safety and Health (DOSH) updated its rules for protecting employees from wildfire smoke, incorporating changes the federal Environmental Protection Agency (EPA) made to its color-coded Air Quality Index (AQI) in May 2024. As we previously reported, when the EPA published its changes, DOSH immediately issued a directive authorizing employers…

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Apr 07 2025
Wage and Hour

President rescinds higher federal contractor minimum wage

On March 14, 2025, President Trump rescinded a Biden-era executive order that had required certain federal construction and service contractors to pay an elevated minimum wage that increased annually, most recently set at $17.75 per hour in 2025. President Trump’s Executive Order 14236, Additional Rescissions of Harmful Executive Orders and Actions, rescinded a long list…

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Mar 21 2025
Affirmative ActionHarassment & Discrimination

Fourth Circuit allows anti-DEI orders to proceed

On March 14, 2025, the U.S. Fourth Circuit Court of Appeals removed the temporary hold which we previously reported that a federal district court had placed on the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending…

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Mar 07 2025
Affirmative ActionHarassment & Discrimination

Anti-DEI portions of Executive Orders on temporary hold

On February 21, 2025, a federal district court in Maryland issued a nationwide order that temporarily prevents the administration from enforcing the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity,…

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Feb 07 2025
Affirmative ActionHarassment & Discrimination

Q&A: Take steps now to review DEI practices

Question: We understand the new administration is aiming to discourage diversity, equity, and inclusion (DEI) programs. As a private sector employer, what actions (if any) should we be taking? Answer: We recommend reviewing your current practices and policies and then seeking legal counsel to determine what adjustments to make. Important factors will include not only…

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Jan 28 2025
Affirmative ActionHarassment & DiscriminationHiring

President rescinds Executive Order 11246

On January 21, 2025, President Trump rescinded Executive Order 11246 (the race/ethnicity and gender portion of affirmative action compliance for federal contractors). This is a major change for federal contractors, who have been subject to the Executive Order since President Johnson signed it in 1965. Federal contractors have a 90-day grace period during which they…

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