Legal and Compliance News
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Question of the Week:
When employers provide employees with time off from work for religious holidays, are employers also required to pay employees during this leave of absence?
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Answer:
Federal law does not require employers to compensate employees for time taken off in observance of a religious holiday, practice, or belief. However, the requirements
of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq., must be followed. Under the FLSA, an employer is not required to pay nonexempt employees for time off on a holiday, but must pay only for time actually worked. Alternatively, exempt employees
who are given the day off must be paid their full weekly salary if they work any hours during the week in which the holiday falls. Employees may be allowed to use accrued paid time off or vacation for their absences due to religious holidays.
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IRS Announces 2016 Pension Plan Limitations
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On October 21, 2015, the Internal Revenue Service announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related
items for tax year 2016. According to the IRS, the pension plan limitations will not change for 2016 because the increase in the cost-of-living index did not meet the statutory thresholds that trigger their adjustment.
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IRS Issues Proposed Regulations to Accommodate Obergefell
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On October 21, 2015, the IRS issued proposed regulations to clarify the treatment of same-sex spouses for federal tax purposes. By way of background, in
2013, the United States Supreme Court held in United States v. Windsor that the portion of the Defense of Marriage Act defining marriage as being between opposite-sex partners was unconstitutional.
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Catastrophic Accident Resulted in Workplace Fatality – Does Not Automatically Mean There Was an OSHA Violation
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The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations
intended to keep employees safe in their workplaces. Failure to comply with the regulations addressing machine guarding is one of the most-often issued citations by OSHA, routinely appearing in its “Top Ten” list of most frequently found violations.
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Court “Likes” Labor Board’s Decisions for Employees Fired Over Facebook Comments
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Every day people take to social media to vent frustrations with daily life. But what happens when employees use social media to blow off steam about their
employer? This was the question that the Second Circuit Court of Appeals confronted in
Three D, LLC v. National Labor Relations Board involving a Connecticut sports bar and its employees.
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