Secretary of Labor Thomas E. Perez announced that the Department of Labor (DOL) will continue to be a “credible deterrent” to employers who violate wage and hour laws. Perez stated that the DOL is cracking down and will continue to be aggressive in enforcing the Fair Labor Standards Act (FLSA).  Wage and hour cases reached... View Post

There are no federal or Idaho state laws that require employers to give their employees breaks during the work day.  However, if an employer chooses to provide breaks for their employees, then there are federal and Idaho state statutes that regulate employee breaks.  Union employees may have a collective bargaining agreement with their employer, where... View Post

The highest court in Idaho ruled that an employee who refused to answer an employer’s direct question is misconduct, which makes that employee ineligible for employment benefits. In Stark v. Assisted Living Concepts, Inc., the employee was the director of an assisted living facility. When a supervisor asked the employee if she had heard a... View Post

With the introduction of technology, the workplace has been changing now more than ever before. Smart phones, laptops, and 3G network, have made working from home, or almost anywhere outside of work, easy. If an employee has access to sensitive or private information away from the protections of the workplace via a mobile device, and... View Post

The question that many employers ask is “can I tell my employees what to wear and even how to look when showing up for work?” The answer is “it depends.” The bottom line is that an employer has the right to address employee appearance and dress code standards, but the employer should do so reasonably... View Post

On June 24, 2013, the United States Supreme Court clarified two ambiguous areas in employment law which may make it more difficult for an employee to make a charge of harassment or retaliation against his or her employer. Title VII of the Civil Rights Act allows harassment victims to hold their employer vicariously liable for... View Post

Pregnancy discrimination charges have increased 23% since 2005. The EEOC (Equal Employment Opportunity Commission) recognized this increase in pregnancy discrimination charges and announced a Strategic Enforcement Plan in September 2012. The Plan aims to target employers who illegally discriminate against pregnant employees, in addition to other emerging issues. The EEOC plans to classify any pregnancy... View Post

With the onslaught of summer, a common question that may arise for your business is the proper classification under Fair Labor Standards Act (FLSA) of an “intern” or a “student worker” receiving training in your business.  As you are probably aware, the FLSA requires that most employees be paid at least the federal minimum wage... View Post

This age of technology has, in many cases, created the 24/7 work day and the virtual “office” that is no longer constrained by the walls and ceilings of your company’s office building.  Many employees can remotely access e-mail through their computer or a smartphone device.  This presents a problem when non-exempt employees are working after... View Post

There have been no recent changes to existing Idaho labor law posters, but employers are reminded that they can download the legally mandated posters listed below from the Idaho Department of Labor’s website for free.  For your convenience, we have attached a copy of all of these posters to this blog post. U.S. Equal Employment Opportunity Law Idaho... View Post

Many employers and supervisors loathe the idea of written employee performance reviews.  Written performance reviews are often not completed because other important tasks, like completing the work of the company, are the priority.  However, if your company is ever faced with employee claims discrimination, then it is critical that you have written documentation of employee... View Post

The U.S. Citizenship and Immigration Services (USCIS) released a new Employment Eligibility Verification Form I-9 on March 8, 2013.  Employers have a 60 day grace period where they may continue using the previously valid I-9 Forms.  After May 7, 2013, it is mandatory that employers use the new Form I-9. Please click here to view the new Form I-9.... View Post