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…)
Posts Tagged ‘Michael J. Cork’
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
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…)
Department of Labor’s Interpretation Expands Employer’s Obligation to Grant FLMA Leave
Monday, June 28th, 2010Employers subject to the Family and Medical Leave Act (at least 50 employees) will likely see an increase—perhaps a significant increase—in employees requesting FMLA leave “for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition.” Employees with no legal or biological parent-child relationship are now entitled to claim “in loco parentis” (“in the place of a parent”) status under the FMLA if they have day-to-day responsibility to care for a child. (more…)
Just When You Think It’s Safe to Go to Work Again… More Egregious Sexual Harassment!
Monday, May 17th, 2010Recently, I was asked if companies have finally received the message about sexual harassment in the workplace—whether it’s becoming less frequent and less shocking in degree. I think companies are doing a better job of educating their managers and employees about the subject. But I still find examples that make me shake my head and mutter, “What were they thinking?” (more…)