Labor & Employment Article Archives
Employment-Based Immigrant (“green cards”) Visas EB-1 Priority Workers – Persons of Extraordinary Ability in the sciences, arts, education, business or athletics; Outstanding Professors or Researchers; Multinational Executive and Manager Transferees. INA 203(b)(1), 8 U.S.C. section 1153(b)(1). Persons of Extraordinary Ability are aliens with extraordinary ability in one of the named areas that have demonstrated that…
During the 2003-2004 term (October to June), the United States Supreme Court will decide several cases that have consequences for employment and labor law practices nationwide.
It Could Never Happen Here Most employers do not take the threat of workplace violence seriously enough. Every now and then, a workplace shooting or murderous incident occurs that shocks employers and employees alike. However, the reality of these incidents soon fades and so does the momentary fear of a similar occurrence in our own…
The Fair Labor Standards Act (FLSA) was enacted by Congress in 1935. Yet many employers continue to raise questions about the FLSA’s overtime requirements. This article will address some of those questions.
1. May comp time be given in lieu of pay?
NO. Even if an employee asks for comp time rather than pay, unless the employee is in one of the exempt categories (executive, administrative, professional, over-the-road driver, outside sales), the employee must be paid for hours worked in excess of 40 in a work week at a rate not less than time and one-half the employee’s regular rate of pay.
2. Is there any limit on the number of hours that an employee may work in any work week?
NO. There is no limit in the Act on the number of hours employees aged 16 and older may work in any work week.