The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration—both part of the Department of Transportation—issued a new rule effective January 3, 2012 restricting the use of hand-held mobile telephones and devices by drivers of commercial motor vehicles (CMV). The rule amends Federal Motor Carrier Safety regulations and Hazardous Materials regulations. It restricts CMV drivers from reaching for or holding mobile telephones while operating their vehicles, or pushing more than one button to operate the
device. (more…)
Employment Law Blog
Summary of New Rule Prohibiting Hand-held Devices by CMV Drivers
Thursday, January 26th, 2012US Supreme Court: “Ministerial Exception” Applies to Claims of Employment Discrimination
Tuesday, January 17th, 2012Last week, the United States Supreme Court announced its unanimous decision in Hosanna-Tabor v. EEOC. This case concerns the “ministerial exception” to an employment discrimination claim. Here, a teacher at a Lutheran school was terminated and then filed a discrimination complaint under the Americans with Disabilities Act. The church and its affiliated school defended the claim by arguing, in part, that the teachers’ duties were “ministerial” and that the First Amendment prohibited the Court from hearing a suit by a minster against her church claiming a violation of employment
discrimination laws. The Supreme Court had not previously addressed the existence of this “ministerial exception.” But this ruling holds that the First Amendment prohibits such claims. The decision does not provide a “bright-line test” concerning the limitations of who is to be considered a “minister.” But it found that this teacher (with her formal title, the substance of that title, her own use of the title, and the important religious functions she performed for the Church) was within the meaning of a “minister.” Accordingly, the church and school were protected from suit by the First Amendment. (more…)
The Department of Labor Has a New “App” for Your Employees
Thursday, November 3rd, 2011The U.S. Department of Labor (“DOL”) has developed a new application for employees. It’s a free application for smartphones—currently it’s only available for iPhone® and iPod Touch®—but DOL
may expand it to other platforms such as Android® and BlackBerry®. The app is free and enables employees to record their own work hours. Employees without smartphones can print time sheets from the DOL site.
Both the app and the time sheets can be downloaded from www.do.gov/whd or from traditional app servers like iTunes. The employee is able to enter the employer’s name, the employee’s hourly rate, and the day the employee’s workweek begins. Once saved, that data will allow the employee to tap in the employer’s name for a prompt to “Start Work,” “Stop Work,” “Start Break,” etc. DOL claims it is preparing upgrades that will allow employees to track tips, commissions, bonuses, deductions, holiday pay, weekend pay, shift differentials, and more. The app will flash a warning if—based on the information the employee inputs—it appears the employee is not being paid the federal minimum wage.
The app and the printable versions contain a glossary of terms defining breaks, gross pay, and the workweek. The app provides contact information for the DOL Wage and Hour Division.
And it is the DOL’s hope that the app will aid in wage and hour investigations. (BEWARE—DOL has a larger budget and more investigators.)
The new app was developed, at least partially, as a result of the ease with which employees can work outside of the employers’ facilities. DOL is concerned that some of that work may be done unwillingly and without adequate compensation. And DOL has made it clear that if there is any reason to believe that an employer’s time records are inaccurate, DOL will rely on the employee’s records. So employers should ensure that their timekeeping and payroll mechanisms are reliable, and prepare to address any conflicting employee records.
Please contact Bamberger’s employment law attorneys for advice about what employers should do, now that the DOL app is here.
Author: Michael Cork (bio)
Phone: 317.464.1594
email: mcork@bamberger.com
Bamberger Seminar – 3rd Annual Employment Law Horror Stories
Thursday, October 6th, 2011Back by popular demand, join the attorneys at Bamberger for the 3rd Annual Employment Law Horror Stories seminar presentation. This complimentary seminar will be held on Wednesday, October 26th from 7:45-9:00 am.
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Past Mistakes May Be Sealed
Tuesday, August 23rd, 2011A new law in Indiana may open opportunity for job applicants with past indiscretions, while at the same time limiting information available to employers. Individuals who have been convicted of a misdemeanor or class D felony that did not result in injury to a person may petition a court to seal records of the conviction. If eight (8) years have passed since a person has satisfied the obligations of their sentence for the misdemeanor or class D felony and they have not been convicted of another felony during those eight years, a court shall order the record of the conviction sealed from access by a noncriminal justice agency. Law enforcement may still access the records for criminal justice purposes. However, a non-law enforcement request for a background check will not reveal the past records. (more…)
Comments about hot dogs and bottled water may be “protected concerted activity” under NLRA
Wednesday, May 25th, 2011Yesterday, May 24, 2011, the National Labor Relations Board (NLRB) announced that it filed a complaint against Knauz BMW, a Chicago area BMW dealership. The NLRB alleges that Knauz unlawfully terminated a salesman for posting photos and comments on Facebook that were critical of the dealer. (more…)
Bamberger Seminar – 2nd Annual Employment Law Horror Stories
Wednesday, September 29th, 2010Back by popular demand, join the attorneys at Bamberger for the 2nd Annual Employment Law Horror Stories seminar presentation. The seminar will be held on Tuesday, October 26, 2010 from 7:45-9:00 a.m. (more…)
DISAPPEARING NOTARIES
Monday, August 2nd, 2010A recent article in the Indianapolis Business Journal noted a shocking decline in the number of notaries in Indiana in the last few years. In years past, a notary public stamp on a document seemed to be ever present and often was the distinguishing characteristic of a document with high importance. However, in 2007, the Indiana Secretary of State’s office noted almost 23,000 expirations, but only approximately 17,000 renewals or applications for new notaries. This marked a 22% decline for 2007. In 2009 the decline accelerated to 30%. This year the decline to-date is 41%. The chief legal counsel for the Indiana Secretary of State indicates that he believes the decline reflects that the type of authentication notaries do is falling out of fashion. Many companies now accept photo I.D. or confirm over the telephone or Internet. He indicated that notary publics were more popular in the days when companies and people relied heavily on postal mail. However with the increase in multiple forms of personal communication being available, the mail is not the exclusive source to authenticate the identity of someone’s signature on a document. If you have questions about notaries in Indiana, contact a Bamberger attorney.
Author: Laura A. Scott (bio)
Phone: 812.452.3557
email: lscott@bamberger.com