Author Archives: wtmccollum

ONE AREA WHERE THE TRUMP ADMINISTRATION IS ACTIVE THAT IMPACTS HR

For the most part, the Trump Administration has done little to give those in Human Resources headaches, unlike the prior administration.  Where the Trump Administration has the potential to cause those in HR headaches relates to immigration enforcement.  On October 17, 2017, Thomas Homan, acting director of Immigrations and Customs Enforcement (ICE), announced that they […]

Obama’s Dept of Labor & National Labor Relations Board Suffer Losses in Court

The Obama Department of Labor suffered a loss in District Court in Texas. Judge Amos Mazzant of the United States District Court for the Eastern District of Texas struck down the Obama Administration’s increase in the minimum salary for exempt employees that was scheduled to be effective on December 1, 2016. Nevada v. Department of […]

Seventh Circuit Finds Title VII Covers Discrimination Based Upon Sexual Orientation

I’m unsure whether to call the Seventh Circuit’s opinion holding that Title VII protects against Sexual Orientation discrimination inevitable. What the opinion represents is legislation from the bench, which is not as uncommon as the general public may believe. First, let us discuss the facts of Hively v. Ivy Tech Community College of Indiana (7th […]

Texas Federal Court Judge halts implementation of DOL’s increase

DOL SALARY INCREASE ENJOINED BY U.S. DISTRICT COURT IN SHERMAN In a clear upset, Federal Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an opinion today granting the State of Nevada and multiple other states’ emergency motion seeking a preliminary injunction preventing the Department of Labor’s increase […]

HOW A NEGLIGENT HR INVESTIGATION LEADS ONE COURT TO STRETCH THE LAW

A recent 2nd Circuit Court of Appeals case shows how a lack of patience, jumping to conclusions and ignoring common sense can lead not only to the wrong conclusion but to protracted litigation.  In Vasquez v. Empress Ambulance Service, Andrea Vasquez, an EMT, claims that Tyrell Gray, a dispatcher and co-employee, made a romantic overture […]

Department of Labor Implements Significant Changes to Exemptions for Overtime

The United States Department of Labor, which is responsible in part for administering and enforcing minimum wage and overtime regulations, has implemented a change to the salary test for certain employees.  Come December 1, 2016, employees who are salaried and fall within the professional, administrative and executive class of exemptions from overtime now must be […]

Individual HR employees can be held liable under the Family Medical Leave Act

The Second Circuit Court of Appeals in New York City recently heard Graziadio v. Culinary Institute of America, 2016 Lexis 4861(2nd Cir. 2016)  In Graziado, the employee’s 17 year old son was diagnosed with Type 1 Diabetes and required emergent care.  After leaving to care for her son, Ms. Graziado, the payroll administrator for the […]