Title VII Protections Include Sexual Orientation and Gender Identity
The Supreme Court of the United States ruled that it is unlawful for employers to discriminate against an individual based on sexual orientation or gender identity. The Court decided that such discrimination constituted a violation of Title VII. Title VII provides protections against discrimination on the basis of race, color, religion, sex and national origin. […]
Employment Handbooks and Policies in the 21st Century
Kevin McManaman recently presented “Employment Handbooks and Policies in the 21st Century” at the 2015 State and Federal Employment & Labor Laws Workshop sponsored by the Nebraska State Chamber of Commerce and Industry. This comprehensive seminar focused on many aspects of employer-employee relationships before, during and after employment, with explanations of key responsibilities, forms, reports, […]
Overtime Wages Claims
The Fair Labor Standards Act (FLSA) requires employers to pay overtime wages to employees, who are eligible for such wages. Not all employees are entitled to overtime pay because the FLSA provides exemptions. Whether an employee is exempt or nonexempt usually depends on 1) how much the employee is paid, 2) how the employee is paid and 3) the type of […]
Seminar: Human Resource Law From Start to Finish
On October 29, 2015, in Omaha, Nebraska, Kevin McManaman and Jeanelle Lust of the Knudsen Law Firm and authors of the Nebraska Human Resources Library will be presenting multiple topics related to employment law at the NBI Seminar titled Human Resource Law from Start to Finish. Mr. McManaman will be presenting about Employee Handbooks and […]
No “Reasonable Dispute” Defense in Wage Claims
The Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. §§ 48-1228 -48-1234) provides that an employee has a wage claim, when wages are earned but not paid within thirty days of the regular payday designated. Wages include compensation for labor or services rendered, fringe benefits and unused vacation. The amount can be determined by time, fee, commission […]
Knudsen Lawyers win favorable ruling at the Nebraska Supreme Court
Attorneys of Knudsen, Berkheimer, Richardson & Endacott, LLP have successfully appealed the denial of their client’s motion to compel arbitration arising out of an employment agreement. As urged by the Knudsen Lawyers, the Nebraska Supreme Court ruled that the district court erred as a matter of law when it failed to determine the arbitration provision […]
Handbook Compliance with Affordable Care Act
Employers should regularly review their plan documents, summary plan descriptions, and other documents to ensure consistency with the ever-changing Affordable Care Act. If the employee handbook contains compensation and benefit information, the handbook language also must be regularly revised to reflect the Act’s mandates and policy changes. For instance, handbooks often specify whether the healthcare […]
FMLA now recognizes marriage based on place of celebration
Effective March 27, 2015, the definition of “spouse” under the Family Medical Leave Act (FMLA) will include legal same-sex and common-law marriages, as long as the couple were legally married in the state where the marriage was entered into. Previously, the regulatory definition of spouse only allowed people to take leave to care for a […]
Post Shift Security Screenings Not Compensable
The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired to perform. The Court stated that for the […]
Nebraska Legislature – Proposed Bills Could Affect Employers Withholding Wages
Two Nebraska bills have been proposed which would hold employers more accountable for withholding employee wages and provide employees with more protection. The Business and Labor Committee held hearings on LB 177 and LB 560 on February 4 and has not yet taken further action. Senator Jim Smith introduced LB 177 which proposes to allow […]