Articles by Richard D. Alaniz

Many employers still recall opening a letter from the Social Security Administration (SSA) informing them that the name or Social Security number (SSN) reported on a recent wage report does not match a name or SSN in the SSA’s records.

There is no federal or state law, rule, or regulation that mandates job descriptions. However, well-written job descriptions that clearly set out the “essential functions” of each job can help avoid or at least help successfully defend some legal claims, as well as contribute to the operational success of the company.

While the issue of whether employees are properly classified as exempt is always an issue that could potentially arise, exempt status is more likely to be called into question if and when the Department of Labor (DOL) goes forward with a proposed increase in the salary amount required to qualify as exempt. It has been reported that such a proposed rule could be issued in early 2019.

Today, however, it is the intense attention that has been focused on sexual assault and sexual misconduct in the workplace that has brought anything related to sex, including lewd or sexually explicit comments, to the forefront of employer’s legal concerns.