Compliance Stuff

  Lawmakers in at least six states are pushing to make striking employees eligible for unemployment benefits rather than being disqualified for participating in the work stoppage, as is the case in all but two states . This trend is particularly important considering the sharp rise in major work stoppages in 2023 and last year’s number of high-profile strikes. We’ll explain everything you should know about the potential sea change that could disrupt labor negotiations and union dynamics across the country. Quick Background Unemployment insurance (UI) is a joint state-federal program that pays temporary cash benefits to qualifying unemployed workers. While all states must follow certain federal guidelines, each state administers its own UI program and sets its own eligibility requirements. A  May 2024 report  from the U.S. Department of Labor describes the social insurance program as “designed to provide benefits to most individuals out of work, generally through no fault...

  As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought about ahead of time, to the extent possible, instead of "at the moment" once a natural disaster strikes.  Pay Issues Non-Exempt Employees The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees only for hours actually worked .  Non-exempt employees typically (although not always) are paid an hourly rate for their work.  Therefore, in those situations, non-exempt employees do not have to be paid for any hours that they do not work, whether or not due to the natural disaster.  However, if a non-exempt employee is instead provided with a guaranteed salary, the employee must be paid their full weekly salary for any week during which  ANY  work is performed for the employer (with a few limited exceptions ty...