By Brenda Rodeheffer, General Counsel | Office of General Counsel Don’t get caught without defenses in a lawsuit brought under the Fair Labor Standards Act, 29 USC § 201. The FLSA sets the minimum standards for payment of employees. It applies to all court employers, regardless of size. The FLSA classifies all employees into two broad categories: exempt from FLSA overtime requirements and non-exempt from the same. M … [Read more...] about Real perils of the Fair Labor Standards Act
Employment
Age Discrimination & Court Employees
Does age discrimination exist? Absolutely! It is widespread. We all forget names and search for the right word from time to time. These memory lapses are commonly referred to as “senior moments,” a patently discriminatory term. Yet memory loss and other infirmities do afflict a significant percentage of the advanced age population. For most employers, age discrimination is illegal under both the federal Age Dis … [Read more...] about Age Discrimination & Court Employees
Harassment in the Workplace
A significant employee-related development this year was a study of harassment and retaliation in the workplace by the Equal Employment Opportunity Commission (EEOC). Harassment as a legal issue dates back to 1986 when the US Supreme Court held that the sexual harassment of a female bank executive created a hostile work environment and was a form of gender discrimination actionable under Title VII of the Civil Rights … [Read more...] about Harassment in the Workplace
Changes to the Fair Labor Standards Act (FLSA)
Increase pay or limit hours is the choice for many employers effective December 1st under a new Department of Labor rule under the Fair Labor Standards Act (FLSA). Employers are under more stringent standards concerning over-time pay for non-exempt employees. Most court employees are, and will remain, classified as non-exempt but courts should be aware of the changes. Three factors determine the exempt versus … [Read more...] about Changes to the Fair Labor Standards Act (FLSA)
Are you paying court employees a salary or not?
Two salary issues have been vexing a number of courts: 1) must court employees be paid for every hour worked when they are “salaried” and 2) may court reporters work during the regular work hours when the reporter is preparing a transcript? Both state statutes and case law frequently refer to the salaries of public employees in Indiana, from police officers and public welfare employees to firemen and city employees. … [Read more...] about Are you paying court employees a salary or not?