Don't Let Your Holiday Bonus Bite Back

"Tis the season for year-end bonuses, for some. For others, there may be bonus opportunities throughout the year, such as for merit, working certain shifts or weekends, and more. 

If your company offers any type of bonus to non-exempt employees, be sure you know whether the bonus is (non)discretionary. The U.S. Department of Labor recently reminded one employer of this rule to the tune of more than $1.1M.

On October 31st, the DOJ announced a settlement after it determined the employer "discriminated against non-U.S. citizen workers when checking their permission to work in the United States, in violation of the Immigration and Nationality Act (INA)."

DOL Issues Penalties for "Repeated and Willful" FLSA Violations

In 2016, the U.S. Department of Labor found that a non-medical home health care provider violated the Fair Labor Standards Act. In 2022, it found the same employer committed some of the same violations.

On November 8th, the DOL announced an award of more than $520K for "willful and repeated violations."

"Speak Out Act" Poised for Enactment

Many employers use employment or separation agreements. These often include a provision by which the employee agrees to keep confidential or to not disclose certain information.

Congress has passed and President Biden is poised to sign the "Speak Out Act" which restricts certain information an employer can require an employee keep confidential.

UPCOMING EVENTS

The 2023 Webcast Series are now open!

FiveL Company will again offer two series:

one for managers and one for HR professionals.

Two discounts available: individual subscriptions and groups of five or more.

This publication does not constitute the rendering of legal advice. Please consult your company's legal counsel for guidance on any matter.