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Erik Eisenmann

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Erik Eisenmann is a business lawyer and partner at Husch Blackwell who represents employers in all aspects of labor and employment law, from counseling to litigation. He frequently defends clients throughout the country that are under investigation by, or have received citations from, OSHA and MSHA.

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Under the Fair Labor Standards Act (FLSA), employers must provide overtime pay to employees at one and one-half times an employee’s regular pay rate for every hour the employee works beyond 40 hours in a workweek, unless the employee falls within a specified exemption. Under current U.S. Department of Labor (DOL) regulations, exempt employees include executive, administrative, professional, and computer employees who perform certain duties, and earn at least $684 per week ($35,568 annually). Highly compensated employees who perform office or nonmanual work and are paid a total annual compensation of $107,432 are also exempt.

Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and the ADA. While the plan is still in its very early stages, any revisions to statutory damages caps would have significant implications for employers.

In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. As employers gear up for the new year, they should consider abandoning the following words and phrases. Encouraging their employees to do the same will help create more inclusive work environments and mitigate the risk of discrimination claims brought by members of their workforce.

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing lawsuits challenging their employers’ diversity, equity, and inclusion (DEI) programs.[1] As a result, some businesses may wonder: Are our DEI efforts worth the legal risk? For most businesses, the consensus answer appears to be “yes.”

Husch Blackwell’s Technology, Manufacturing & Transportation group has published its second-annual Legal Insights for Manufacturing report, covering the top challenges facing U.S.-based manufacturers and including a section on labor and employment law concerns. Per the usual, labor and employment challenges rank at the very top of the list of corporate concerns and will likely continue…

When “Gymtimidation” Turns Into Discrimination

The issues of acceptance and comfort in fitness centers can pose serious challenges for owners. A healthy gym environment can empower all individuals, regardless of age, gender, ability, and race. However, if managed by inadequately trained staff or run without oversight, a gym can become a divisive place that breeds anxiety and fear. The phenomenon of “gymtimidation” is a popular topic among fitness center owners and gym enthusiasts alike. A 2022 study of roughly 3,000 individuals revealed that 90% of gym-goers are concerned about others’ opinions and 42% of gym-goers experience appearance-based anxiety while at the gym. Notably, Gen-Z gym-goers are the most affected by “gymtimidation,” with 38% of that demographic identifying “fear of judgment” as a reason for disliking gyms.

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee recruitment, retention, and morale, and to help mitigate risks associated with potential disparate treatment and discrimination claims by employees.

The 12 months desk calendar 2023 with pen on wooden background.
12 months desk calendar 2023 with pen on wooden background.

With holidays and a new year fast approaching, it is an excellent time for employers to consider reviewing and revamping their Employee Handbooks or stand-alone policies that address company-recognized holidays. The most commonly recognized holidays by private employers include the following:

  • Labor Day
    • …

    Key Points

    • On October 13, 2022 the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish “independent contractors” from employees under the Fair Labor Standards Act (FLSA).
    • The proposed rule will rescind the 2021 Independent Contractor Rule and replace it with a multifactor, totality-of-the-circumstances test that will likely cause an increase in the number of workers classified as employees.