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- The NLRB Joint Employer Pendulum Swings Back Again…
- What Does a Baseball Road Trip Teach Us About Bugging an Employee While They Take FMLA Leave?
- Key Considerations for California Employers When Drafting a Remote Work Agreement
- Can Even Stranger Things Still Happen? Florida is Blocked From Enforcing “Stop-WOKE” Law… For Now
- Nasty language may be protected concerted activity, court says
- EEOC update to COVID guidance is ho-hum
- Illinois Enacts Law Banning Racial Discrimination Based on Hairstyle or Hair Texture
- Forced religion and work do not mix
- Nevada court fumbles NFL’s effort to take Gruden dispute to arbitration
- CA Courts Still Reluctant to Enforce Arbitration Agreements For PAGA Claims
- A Key to FMLA Success: Supporting our Employees as Mental Health Issues Arise
- Court gets the joke: Twitter “threat” didn’t violate NLRA
- Don’t ask employees about their problems after a union comes knocking
- New York City Mayor Signs Amended Salary Disclosure Bill Into Law
- ABCs of Employment Law: Retaliation
- If it feels like labor unions are having their moment, it’s because they absolutely are
- Weed policy options for multi-state employers — are there any?
- Six Things to Know About New York’s New Employer Notification Requirements for Electronic Monitoring of Employees
- Is this lawsuit crazy smart, or just crazy?
- Hands Off My CROWN! What Employers Should Know About the Rise of Hair Discrimination Laws
- Restaurant learns the hard way what an illegal tip pool looks like
- The $450,000 workplace birthday party
- ABCs of employment law: Discrimination
- Bag company learns an expensive lesson on wage and hour compliance
- Second guessing the advice columns: Workplace follies
- DOL Announces Ramped-Up FMLA Audits for Employers in Select Industries
- Vacation (all I ever wanted) — 7 tips to encourage your employees to use their paid time off
- Impact of Recent OSHA and CDC Updates on Employers’ Mandatory Vaccination Policies
- #MeToo arbitration bill passes Senate
- Biden’s Supreme Court nominee — who will she be?
- Are Your Doctors Poised for an Organizing Push? A Recent NLRB Decision May Provide Some Incentive
- California’s Governor Newsom to Bring Back COVID-19 Supplemental Paid Sick Leave
- I Hear That Whistle Blowing: New York’s Expanded Whistleblower Law Raises Volume On Employers
- BREAKING NEWS: SCOTUS dumps OSHA vax-or-test emergency temporary standard
- Supreme Court lets health care vaccine mandate go forward nationwide
- Pumping up workplace lactation rights
- Highlights from the OSHA vaccine ETS argument at the Supreme Court
- Analyzing and Responding to the Minnesota Attorney General’s Investigations into Employer Pay Practices
- Should Bucs’ Wide Receive Antonio Brown Been Offered FMLA Leave Instead of Getting Canned?
- SCOTUS to hear arguments on OSHA, health care vax mandates Jan. 7
- Coronavirus Update 1-3-22: Happy 2020 … too
- Vax mandate FAQs!
- Employment law lessons from “Ted Lasso” — Let’s talk about medical confidentiality
- New California Law Allows Employers to Email Workplace Notifications to Remote Workers
- Asking applicants for vax status? Not so fast, employers.
- OSHA Announces Increased Focus on Heat-Related Hazards
- What’s an Employer To Do When It Realizes It Failed to Designate FMLA Leave?
- When an Employee Takes FMLA Leave During a Holiday Week, How Much FMLA Leave is Actually Taken?
- Vaccination: To Mandate or Not to Mandate?
- New York Amends Labor Law to Expand Employees’ Ability to Bring Wage Claims
- An Employment Lawyer’s Takeaways and Tips on Conducting Workplace Investigations
- Gov. Cuomo: A cautionary tale for employers
- Can an Employer Discipline an Employee for Excessive FMLA-Related Absences Before Requesting Recertification? The Simple Answer is NO.
- A new nominee for the “Worst Employer of 2021” is… the Cosby Suite
- California Wage Theft Bill Would Raise the Stakes for Compliance
- Harassment prevention tweaks for our weird times
- Biden Announces Vaccine Requirements for Federal Employees, Contractors
- California Mid-Year Legislative Update: Family Leave, Sick Pay, and Work Quotas
- Texas Adopts Expanded Protections for Employees Asserting Sexual Harassment Claims
- DOL Proposes New Rule to Establish Minimum Wage Standards for Federal Contractors
- Resolving Workplace Vaccination and Mask Conflicts: 5 FAQS as Workplaces Reopen
- Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law
- An adverse jury verdict is just a number on a piece of paper
- This ‘n’ that in labor and employment law
- NY DOL Publishes its Airborne Infectious Disease Exposure Prevention Plan in Accordance With the NY HERO Act
- Religious accommodations shouldn’t flummox employers, yet they still do
- President Biden Directs the FTC to Curtail the Use of Non-Compete Clauses: Are Changes on the Way?
- The bathroom wars resume
- Summer fun quiz for employers!
- The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies
- A few grains of salt about that COVID vaccine decision from Texas
- SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts
- Judge Holds that a Hospital can Fire Employees Who Refuse the Vaccine
- Colorado Supreme Court Holds ‘Use-It-Or-Lose-It’ Vacation Policies Are Void in Nieto v. Clark’s Market
- Can an Employer Grant FMLA Leave, but Also Discipline an Employee for Failing to Timely Report the Absence?
- New York Gives Employers More Time to Be a HERO
- OSHA’s Emergency Temporary Standard for Healthcare
- The patients have taken over the asylum
- Everything employers always wanted to know about COVID vaccines
- Surprise Flip-Flop at Cal/OSHA Standards Board: Motion to Adopt Sweeping Changes to the COVID-19 Emergency Temporary Standard Passes
- The EEOC’s Latest Guidance on COVID Vaccine
- 117 employees are about to learn what it feels like to lose a lawsuit in spectacular fashion
- The insidious deception that is “employment at will”
- The New York HERO Act’s Proposed Amendments: What Employers Need to Know
- No-mask vax FAQs
- 100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments
- 100 Days of the Biden Administration, Part I: Key Labor and Employment Policy Developments
- Second-guessing the advice columns: After-hours texts from the boss
- Back to the FMLA Basics: When Does an Employee Recoup FMLA Leave in a New FMLA Year?
- Federal Judge Dismisses Wife’s COVID-19 Tort Suit Against Husband’s Employer
- The Trump-era Independent Contractor Rule is Officially Out
- Do your employees have “Covid anxiety syndrome”?
- Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)
- What Can Taipai, China Teach Us About FMLA Abuse? Here Are Ten Ways to Combative the Misuse of FMLA Leave as Summer Nears
- President Biden Unveils his Paid Leave Plan: How Would the Plan Impact Employers?
- Federal paid leave laws may be on the way
- Many Federal Contractors Required to Increase Minimum Wage for Workers By 2022: Highlights of the Biden Administration’s New Executive Order
- Publicity: The not-so-hidden cost of a lawsuit
- OSHA’s New Guidance on Recordability of COVID-19 Vaccine Reactions
- Do you know how to spot an employee at risk for violence?
- California’s SB 93: Governor Signs COVID-19 ‘Rehiring and Retention’ Law
- Is an Asymptomatic COVID-19 Positive Employee Eligible for FMLA Leave?
- Employer, audit thyself!
- DOL reopens the floodgate to liquidated damages in wage and hour investigations
- Because of Winn-Dixie: What Does the Eleventh Circuit’s Ruling Mean for Website Accessibility Claims?
- Ask Not For Whom The Bellwether Tolls – It Tolls for Amazon
- Paid Sick Leave Trends: States and Localities Step In Where Federal Law Falls Short
- Title IX Homework for Spring Break: Preparing for a Potential Uptick in Title IX Reports
- Calling all teleworkers: Back to the office!
- FAQ: Does FFCRA Leave Exhaust FMLA Leave?
- Are Unions Primed for a Comeback?
- Which of your employees should you bring back to work
- FAQs about the gender pay gap
- NY Employees Granted Up to Four Hours of Excused Leave Per Vaccine Injection
- “Sweet Six” ways an employer can win at the EEOC
- COVID-19 Testing and Vaccine Coverage Requirements for Group Health Plans and Issuers: New DOL, HHS, and Treasury FAQs
- 10 Things to Know About the 2020 Charges and Litigation Statistics
- Biden Time: “Divisive” training ok, OSHA “not protective,” independent contractor regs paused
- Agencies Issue Needed Guidance on COBRA Elections During the COVID-19 “Outbreak Period”
- When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases
- Who Wants an FFCRA Leave Update? U.S. House Version of FFCRA Provides Some Clarity for Employers
- California Supreme Court Demands Strict Meal Period Compliance and Prohibits Rounding for Meal Periods
- If “doing the right thing” doesn’t motivate you to take COVID-19 safety seriously, then consider the impact on your business if you don’t
- COVID quiz 2021!
- How much does it cost an employer for not following COVID-19 safety rules?
- Wage and Hour Developments During the First Month of the Biden Administration
- Cal/OSHA COVID-19–Related Citations May Provide Leverage to Labor Unions and Their Members
- Second-guessing the advice columns: “Cancel culture” and the workplace
- 5 Key Employee Handbook Updates to Consider in 2021
- Biden Time: NLRB guidance rescinded, wage-hour regs on hold?, Marty Walsh moves up
- Should You Check In with Your Employee During FMLA Leave? Yes, and Here’s Why
- Changing Administrations, Changing Labor Policies, Part II: The 10 Most Prevalent Issues in Labor Law
- Changing Administrations, Changing Labor Policies, Part I: What Employers Can Expect From the Biden Administration
- Tread carefully if offering employees financial incentives to get the COVID-19 vaccine
- Biden Revokes Trump Executive Order on Diversity and Inclusion, Adopts Policies “Advancing Racial Equity” and Extending LGBT Protections
- Biden Time: Busy first week!
- President Biden Asks NLRB General Counsel to Resign
- What employers can expect from Biden’s presidency: A temporary emergency OSHA standard for COVID-19
- Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol Riots
- What’s in those proposed wellness regs?
- Answers to the Most Common Questions Employers are Asking Now That FFCRA Leave is Purely Voluntary
- Independent Contractor Final Rule (For Now)
- California Court of Appeal Analyzes ‘Salary’ Test Under Administrative Exemption
- DOL Closes Out 2020 by Issuing Travel Time and Live-In Home Health Care Worker Opinion Letters
- I’m not in Kansas anymore … or ever (an unemployment fraud story)
- The EEOC Confirms You CAN Mandate a Vaccine, But SHOULD You?
- Race and Sex Stereotyping Executive Order Subject to Preliminary Injunction
- What employers can expect from the Biden Administration
- LA County Approved New Ordinance To Allow Employees to Monitor and Report On COVID-19 Workplace Safety Compliance
- Can an Employer Lawfully Deny a Bonus to an Employee Who Takes FMLA or FFCRA Leave?
- The COVID-19 Vaccine Is Coming: Can Employers Require Employees to Get Vaccinated?
- Can employer mandate COVID-19 vaccinations?
- Change is In the Air – L&E Under The Biden-Harris Administration
- Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations
- 5 things your lawyer likes to see in an HR person
- State Issues Guidance for NY Paid Sick Leave Law
- Will Congress Extend FFCRA Paid Sick and Paid FMLA Leave into 2021?
- Is COVID making employees crazy?
- PLEASE don’t tell your employees which candidate to vote for
- New Pay Data Reporting Requirements for California Employers
- After FMLA Ends, When Can an Employer Safely Terminate an Employee?
- California Makes Certain Human Resources Professionals and Supervisors Mandated Child Abuse Reporters
- What is One Leave-Related Question I Would Ask Each of the Presidential Candidates?
- Federal Court Nixes Several FFCRA Regulations, Creating Compliance Headaches for Employers
- More on coronavirus from the EEOC
- The coming wave of Covid-related age discrimination lawsuits
- COVID-19 and protected concerted activity
- Getting a Passing Grade When Office + School = Home
- NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct
- OSHA Publishes New FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19
- Consistency is Key – for Employee Masks and T-Shirts in the Workplace
- COVID-19 Detection Dogs in the Workplace: A Viable Option for Employers?
- Videoconferencing apps and litigation: Employers, be careful!
- Paid Leave Concerns When Employees Get COVID-19 Twice
- DOL Issues New FMLA Notices and Forms, Seeks Input on Potential Changes to FMLA Regulations
- A tale of two mask orders
- Sexual orientation and gender identity in the workplace quiz!
- NLRB Specifies Recommended Protocols for Manual Elections During COVID-19
- Not What The Doctor Ordered – A New Whistleblower Law for NY Healthcare Employers
- Telsa fires workers for staying home after giving them permission to stay home… and after they complain about safety
- Social media PSA for employees and employers
- Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities
- Supreme Court Rules in Favor of DACA
- What Are The Best Online Human Resources Certificate Programs?
- Miss Mannerly answers employers’ Summer 2020 etiquette questions!
- Just in time for summer: More answers about the FFCRA
- IAML’s Best Human Resources Certificate Programs Are Now Available Virtually
- Is COVID-19 fakery a federal crime?
- Can Employees Refuse to Return to Work Because of COVID-19?
- Must an Employee Enroll their Child in a Summer Program as a Precondition to Taking FFCRA Leave if the Program is Cancelled?
- DOL Adopts Two Significant Changes to “Modernize” Overtime
- OSHA Issues COVID-19 Guidance for Nursing Home and Long-Term Care Facilities
- How Do I Get HR Certified Online?
- Second-guessing the advice columns: Small-employer exemption to FFCRA
- Employers Beware: COVID-19–Related Employment Lawsuits Are Heating Up
- House Democrats Unveil “Phase 4” COVID-19 Relief Legislation, Including Expansion of Paid Sick and Family Leave, Hazard Pay, and Unemployment Benefits
- Can you legally refuse to return to work to someone at “high risk” for COVID-19 complications?
- Oh, so THAT’S what you meant!
- Governor Newsom Announces COVID-19 Workers’ Compensation Presumption in Favor of Employees
- How To Best Pivot Your Career During This Pandemic? Take IAML’s Online HR Certification Courses.
- COVID-19 return to work quiz!
- 5 Tips for Maximizing Productivity for Remote Employees
- COVID-19 and Returning to Work: For Employers, It’s Not Too Soon to Plan a Comeback
- Unemployment alphabet soup: Here’s what it means
- Finding Fevers: Considerations Before Using Temperature-Detecting Cameras
- Lawmakers Agree to New Funding for Paycheck Protection Act Program
- California Employers’ Duties to Reimburse Employees Working From Home During the COVID-19 Pandemic
- Managing the Notice and Documentation Requirements under the New Paid Sick and FMLA Leave Law
- COVID-19 and “regular” discrimination
- Are There Any Tax Implications Now That Our Employees Are Teleworking During The COVID-19 Crisis?
- It is Now Easier For Federal Workers to Prove Age Bias
- Trying to make sense of the substitution of employer-provided leave for EPSL and EFMLA under the FFCRA
- COVID-19 and the Pros and Cons of Paid Leave Donations and Leave-Sharing Policies in California
- CARES ACT HIGHLIGHTS: Paycheck Protection Program and FFCRA Amendments
- If You Want the Benefits of an Arbitration Agreement, Say So
- IRS Limits the Number of Caretakers for Paid Leave, Outlines the Documentation Required to Take Leave
- Multiemployer Plan Pitfalls and Assistance for Employers Navigating the Coronavirus Crisis
- DOL Issues Third Batch of Families First Coronavirus Response Act Q&As and Revises Prior Guidance
- What we still don’t know about the expanded FMLA and paid sick leave laws
- When do Coronavirus-Related Closures Trigger WARN Act Obligations?
- IRS, DOL Announce Plan for Employers to “Swiftly” Recover the Cost of Providing Coronavirus-Related Leave to Employees
- What Employers Should Know About COVID-19 Laws in New York
- The Families First Coronavirus Response Act is law
- “Shelter in Place” Orders from 7 Bay Area Counties: What Does this Mean for Employers?
- Congress Makes Significant Changes to Proposed FMLA and Sick Leave Requirements in COVID-19 Bill
- House Passes COVID-19 Legislation to Provide Paid Leave to Employees During Outbreak
- 6th Circuit gives employers relief on the evidence employees must present to prove off-the-clock work
- Furloughs and Other Temporary Responses to Coronavirus (COVID-19) Disruptions
- Is an employee entitled to FMLA leave to care for the children of a family member with coronavirus?
- Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19
- Alcohol in the workplace *hic* quiz!
- No Good Deed Goes Unpunished: D.C. Circuit Holds Employer That Failed to Implement Its Own Safety Program Violated the General Duty Clause
- Trump nominates 3 to EEOC, 2 to NLRB
- What “Sexy Vixen Vinyl” teaches us about porn at work
- Dems’ workplace pregnancy horror stories: What we can learn
- Long-Awaited NLRB Joint-Employer Rule Sets Employer-Friendly Standard for Joint-Employer Determinations
- PLEASE, I’m freaking begging you, DO NOT use social media to determine applicants’ race and gender
- NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test
- What to Do When an Employee Threatens Suicide?
- I am Eligible for FMLA Leave. Now What?
- Bloomberg is right about NDAs
- 7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL
- Second Circuit Rejects Proportionality Standard in FLSA Settlement Agreements When Determining Attorneys’ Fees
- Dr. Loveless answers your workplace romance questions!
- The Dos and Don’ts of firing an employee
- Love at Work: 5 Things for Employers to Know
- The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms
- EEOC’s new priorities, plus FY19 stats
- Labor issues when you acquire a company with a union
- When Are Employees Entitled To FMLA Leave Related To Coronavirus? And Can an Employee with No Symptoms Be Forced Off Work?
- Brexit Is Here! What Employers Need to Know About the UK’s Departure From the EU
- Does Title VII protect “veganism” as a religion?
- Chipotle settlement highlights child labor issues
- Workers at Illinois-based Cannabis Company Unionize
- Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers
- Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment Claim
- Tips for Handling Workplace Issues Related to the Big Game and Other Madness
- Dream on — lawsuit by Aerosmith drummer highlights the legal risk of “fitness for duty” exams
- Here are Ten Problems with Your FMLA Policy and Suggestions on How You Fix Them
- CDC Confirms First Case of Wuhan Coronavirus in the United States: What Employers Need to Know
- Drug testing in the ’20s: What employers should and shouldn’t do
- The NLRB’s Revised Representation Case Procedures, Part I: The New Pre-Election Procedures
- Frivolous litigation has a price … sometimes a big price
- DOL Issues Final Rule on Joint-Employer Status under Fair Labor Standards Act
- New Year’s resolutions for employers
- Latest Set of DOL Opinion Letters Clarify FLSA Salary Basis and Overtime Calculations, FMLA Eligibility Determinations for Public Agencies
- Second-guessing the advice columns: The morning after the workplace party
- Federal appeals court orders NLRB to determine whether workplace harassment laws trump the National Labor Relations Act
- 2019: A Year to Forget for California Employers
- Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances
- In 2020, Resolve to Learn About the National Labor Relations Act
- . . . 3, 2, 1 Happy New Year! Countdown to 2020’s 10 New California Employment Laws
- Shining a Light on Key Issues as we Leap into 2020
- NLRB Upholds Legality of Facially-Neutral Rules Requiring Confidentiality During Investigations
- This week in employment law: Island of the Misfits
- Board Overturns Purple Communications, Restores Employer Right to Restrict Email Use
- NLRB Final Election Rule Signals More Balanced and Efficient Elections Ahead
- California Employers Forbidden to Require Employees to Agree to Arbitrate Certain Disputes
- Labor Department Clears the Way for Employee Perks
- Illinois Cannabis Law, Amended: What Employers Should Know
- State Law Overtime Calculation Prevails Over Established Federal Method
- The 4 things you cannot do to pro-union employees (hint: number 1 is fire them)
- Can We Still Maintain Hairstyle and Personal Grooming Policies?
- Workplace holiday party central!
- LGBTQ Rights in Employment: Does it Boil Down to the “Bathroom Use” Question Again?
- What to Expect When Employees Are Expecting
- There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter
- As sure as today is Cyber Monday, your employees are shopping from work
- It Starts at the Top
- EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment
- It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally
- FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation
- ‘Tis the Season…for Employer Holiday Gift-Giving Reminders
- “OK Boomer” — harmless, or harassment?
- Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year
- EEOC urges NLRB to let employers prevent, punish harassment
- Is “Fair Pay to Play” Fair in College Sports? What California’s New Law Means for the Future of Amateur Athletics
- An employer’s deposition disaster
- Note to Employers: Stop Designating Lengthy Approval Dates on Your FMLA Designation Forms
- Veterans Day: Going Beyond Giving a Day Off
- Internal Harassment Complaints: Five Mistakes Most Employers Still Make
- California, State Developments, Workplace Safety and Health Employers’ Obligations in Light of California’s Wildfire Smoke Regulation
- 6 tips to avoid turning your costume party into an HR nightmare
- Is gender dysphoria an ADA-protected disability?
- Can Employees Be Disciplined When They Exceed the Frequency on Their FMLA Medical Certification? A Court Finally May Have Given Us an Answer
- You’re Rehired? New California Law Prohibits No-Rehire Provisions in Settlement Agreements
- NLRB Majority Curtails Review of Many Common Work Rules
- Has #MeToo Created a New Claim of Male-Bias Discrimination?
- Thoughts about the Supreme Court LGBT arguments
- Strict Enforcement of Non-Negotiable Employment Policies: A Few Horror Stories
- California Prohibits Most “No Rehire” Provisions in Settlement Agreements
- Should I Allow Leave for Domestic Abuse Affecting an Employee’s Family Member?
- DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”
- Federal Wage Laws Protect Cannabis Workers? Yes, They Do
- Fraternizing May Lead to Your Partner’s Promotion, Your Discharge, and Possibly a Lawsuit
- Second-guessing the advice columns: Get off my lawn!
- Why are so many employers discriminating against lactating moms?
- What employers need to know about the new overtime exemption regulations
- A Union Strikes a Revolutionary Blow in Tech
- In retaliation cases, timing is everything.
- Employers’ Non-Action Resulted in $1.6 Million Awarded in Harassment Claim
- Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line
- NLRB asks for help to overturn some really $%#^ bad decisions
- Social media accounts are not telling you the whole story about your applicants and employees
- Politics and the workplace don’t mix.
- What’s happening now in labor law
- Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits
- NLRB Drums Out Musicians and “New York New York”
- How to Manage an ICE Site Visit
- An employer between a rock and a hard place
- New study reveals that age discrimination remains a worsening problem for employers
- Hone your firing skills!
- California’s New Hairstyle Antidiscrimination Law May Signal the Beginning of a National Trend
- NLRB: Employers Win When Their Employees Can’t “Opt-In”
- California Pay Equity Data Collection Legislation Closer to Passing
- Governor Cuomo Signs Off On Groundbreaking Harassment Legislation
- DOL Declares That Parent Attendance at School IEP Meetings Are Covered by the FMLA
- EEOC takes a hit in criminal background case
- It is an inexcusable sin for an employer NOT to have an anti-discrimination policy
- ADA Litigation Lessons Surfaced From a Zamboni Machine
- Reference info comes back to bite ex-employer
- Employees Busted Taking FMLA Leave for a Caribbean “Booze” Cruise, Yet Another Reminder Leave Abuse is Alive and Well
- California’s Paid Family Leave Program to Expand from 6 to 8 Weeks
- LABOR AND EMPLOYMENT LESSONS FROM THE WORLD’S MOST COMBATIVE STRIPPER
- INSIGHTS
- Labor and employment lessons from the world’s most combative stripper
- My preemptive strike for Eugene Scalia
- Which mental health service does the FMLA not cover?
- Eugene Scalia to be Trump’s nominee for Labor
- You Can’t Touch My Hair: California Bans Racial Discrimination Based on Hairstyle with CROWN Act
- Email etiquette can prevent, and help you defend, lawsuits
- They Work Hard for Their Money, So You Better Pay Them Right– Governor Cuomo Signs Historic Pay Equity Legislation
- Legalized Marijuana in Illinois: The Basics for Employers
- Why, yesterday, in France was a stadium full of people chanting “EQUAL PAY?”
- “This week (or thereabouts) in employment law” quiz
- There’s no such thing as “reverse” discrimination—it’s all just discrimination
- SCOTUS rules on deference to agency interpretations
- “Sexual harassment” in the nature of the business
- Advanced Technologies and the Workplace, Part I: A Primer
- Department of Labor Releases Proposed Rule for Industry-Recognized Apprenticeship Programs
- Employers are making new dog ownership a little less ruff by offering “pawternity” leave
- New York’s Groundbreaking Sexual Harassment Legislation
- Miss Mannerly answers your summer HR questions
- NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises
- Synthetic Reality & Deep Fakes: Considerations for Employers and Implications of the Rise of Deep Fakes in the Workplace
- Another court says obesity is not a “disability”
- Keeping an Eye on Artificial Intelligence Regulation and Legislation
- “Dads in the workplace” quiz!
- A Four Day Workweek?
- Do your employees understand that social media is a very public conversation?
- Covering Summer Interns Under Your Employee Benefit Plans – You Can’t Just Forget About Them
- Sex addiction is no defense to bathroom “DIY”
- An obituary for employment at-will
- Supreme Court Rules Title VII’s Requirement to File a Charge With the EEOC Is Not Jurisdictional
- Thorough internal investigation saves employer from discrimination claim
- This is evidence of age discrimination?
- What Is CBD Oil and Why Should Employers Care to Know?
- Is It Already Hurricane Season Again?
- Memorial Day employment law quiz!
- Something is Afoot at the DOL: Could New FMLA Regulations or Forms Be on the Horizon?
- U.S. District Court Highlights Job Reinstatement Obligations After FMLA Leave
- You just found out you hired a sex offender. Now what?
- NLRB releases advice memos on gig workers, inflatable critters, and more
- Labor & Employment Advisory: Vazquez v. Jan-Pro: A Clean Sweep for Employees?
- The Importance of Record-Keeping: Lessons from an Exotic Dancer and Truck Driver
- The EEO-1 compensation data appeal: What we know now
- “Moms in the Workplace” quiz!
- Workplace civility shouldn’t be something we have to legislate
- Going It Alone: The Supreme Court Continues to Limit Class Arbitration for Employees
- Your employees do not understand their (lack of) free speech rights
- Do heterosexuals have Title VII rights? Part Two.
- DOL Opinion Letter Finds Gig Economy Service Providers to Be Independent Contractors
- How Does an Employer Respond to an Employee with a Terminal Illness and Who Doesn’t Have Long to Live?
- I REALLY thought people knew better not to advertise jobs “for whites”
- Second Circuit Adopts Heightened “But-For” Standard But Rejects “Sole-Factor” Test for Disability Discrimination Claims
- What you need to know about the Supreme Court LGBT cases
- Coming Soon: No Pre-Employment Marijuana Testing in New York City
- Supreme Court to Decide Whether Title VII’s Sex Discrimination Protections Cover Sexual Orientation, Gender Identity
- Am I the Only General Counsel Who Doesn’t Fully Embrace Implicit Bias Training?
- “Fat shaming” costs employer big bucks
- Bathroom conversations aren’t private conversations
- Employer Prevails In FCRA Class Action In California
- Your customers may be driving your employees to drink
- Maybe you should rethink telling your employee you’re firing him because of his heart problems
- Very interesting! EEOC releases official FY2018 charge stats
- Pre-Employment Marijuana Drug Testing Goes Up in Smoke in NYC
- An employee was diagnosed with the measles. What do we do now?
- California Bill Would Expand Definition of Race to Include Hairstyle
- DOL proposes updates to the definitions of “regular rate” and “joint employer”.
- My greatest Equal Pay idea ever!
- Modern Workforce Increasingly Challenges Employers to Offer Telework Option
- Employers Should Look for Litigation Threats That Cross the Line Highlighted by Michael Avenatti’s Indictment
- Happy New Regulation Tuesday! DOL proposes updates to the definitions of “regular rate” and “joint employer”.
- Suffering Fools and Foolish Employment Stories Gladly
- The FLSA’s salary test just doesn’t matter
- Harassment – It’s Not Just About Sex
- When monitoring employees’ computer activity, don’t overreach.
- Facebook Settles Claims Alleging Discriminatory Ad Targeting
- Can an Employee Decline FMLA Leave Even though the Absence is Covered by the FMLA? According to the DOL, the Answer is an Emphatic “NO.”
- California Snapshot: Payroll company not liable for alleged wage-hour violations of employer
- 5 Takeaways From New York City’s Legislation on Lactation Room Accommodations
- DOL Opinion Letter Clarifies Designation and Use of FMLA Leave
- “This week in employment law” quiz!
- Reading Your Employment Policy Documents Probably Won’t Win You $10,000- It Could Be Worth Much More
- The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit
- DOL Proposes to Increase the Minimum Salary for the “White Collar” Overtime Exemptions to $35,308
- What a lawful “civility” policy looks like under the NLRB’s Boeing test
- “Masterpiece Cakeshop Two” is over
- Can We Add New Categories to Our Employment Self-Identification Forms for Sex and Race?
- Red Lipstick and Gold Hoops: Attitudes Toward Makeup are Changing at Work
- The legalities of employee mass walkouts vs. the practicalities of avoiding them in the first place
- OSHA Whistleblower Claims Are Up: Are Employers Prepared?
- Finally! Trump’s workplace nominees make it out of committee
- Hairdos and Don’ts
- You’re never too small to have an HR department
- 2019 – “The Year Of the Woman” in Employment Law
- Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict
- Another caution for employers in medical marijuana states
- The FMLA does not require that an employee use magic words to request leave
- “She slept her way to the top!” = sexual harassment
- What Do California’s New Sexual Harassment Training Requirements Mean for Staffing Firms?
- Love Is In the (Recirculated) Air – How Do We Handle Office Romances?
- California Court of Appeal Identifies Triggers for Reporting Time Pay Obligation
- Emojis are starting to pop up in discrimination and harassment cases
- Looking Back to Look Forward: Healthcare Developments in Labor and Employment Law
- A New Cause of Action: Massachusetts High Court Rules That Denying a Lateral Transfer Request Could Constitute Discrimination
- FINRA’s new “Best Practices” for Cybersecurity is MUST reading for any employer
- Pay Freeze? Winter Weather and the FLSA
- Six legal traps for “red state” employers
- Super Bowl LIII: Legal Sports Betting in the Post-PASPA Era, Office Pools, and Super-Sick Monday
- Employment policies in the polar vortex
- Independent Contractor vs. Employee Mis/Classification Issue Continues To Evolve: The NLRB Weighs In (Again)
- Employees on medical leave aren’t bulletproof, but still handle with care
- Unlimited Vacation – Wave of the Future or Potential Liability?
- No “disparate impact” claim for older applicants, court says
- Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit
- NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints
- An expensive lesson on religious accommodations
- Time to Reset Your Anti-Harassment Training Schedule for Supervisory Employees in California
- New Year, New Laws: Further Guidance on Complying With New York’s Anti–Sexual Harassment Laws
- Gillette’s toxic masculinity ad isn’t the problem; toxic masculinity is the problem
- Are your bonuses really discretionary?
- Do heterosexuals have Title VII rights?
- What does it mean for jobs to be “substantially equal” under the Equal Pay Act?
- Uncertainty Returns to the Employment Landscape in 2019
- “Charting” a Course for the New Year: A Summary of California’s Expanded Employer Training Duties
- Your 2019 Employment Law Compliance Checklist
- DOL’s Opinion Letter Tackles Varying Average Wage Rates and FLSA Overtime Compliance
- Has morale improved yet?
- Exacerbating Uncertainty: D.C. Circuit Issues Confusing Browning-Ferris Decision
- New Year’s Resolution: Developing a Universal Paid Sick & Safe Time Policy
- Healthcare Employer Off the Hook In A Rubella Vaccine Case
- What Duties Can A Server Perform Under the Tip Credit Rules?
- Performance evaluations are… coming to town?
- The DOs and DON’Ts of Written Warnings: What Employers Need to Know
- Dear Santa
- CALIFORNIA SNAPSHOT: Seven questions employers should ask in 2019
- NLRB Update: Board Issues New Strategic Plan, Extends Joint-Employer Rule Comment Deadline and Announces NLRB Solicitor Appointment
- Announcing THE WORST EMPLOYER OF 2018
- Can Exempt Employees Earn Overtime Pay?
- Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?
- Executive recruiter not liable for hiring bias, court says
- Alex, I’ll take leave of absence policies for $5.25 million.
- No Snow Days for Wage and Hour Issues
- Self-Driving Trucks and Labor Law—A Look Ahead
- Avoid women at all costs?
- What can “Elf” teach us about the ADA?
- Corporate Mole Bound by Preliminary Injunction
- EEOC Commissioner Charge Trickery Called Out
- Minimum Wage, Tip, & Overtime Developments
- Workplace Violence Prevention in Healthcare and Social Service: Calling OSHA to Action
- From Mistletoe to #MeToo: Office Party Tips and Trends for 2018
- On the 12th day of Christmas, my employer gave to me… a handgun?
- 10 things for which this employment lawyer is thankful in 2018
- Refusal to accommodate, retaliation, or both?
- Addressing Political Discussions in the Workplace: Six Answers to Employers’ FAQs
- Employers are Preparing Now to Tackle 2019’s Newest Labor and Employment Laws
- DOL Reissues Opinion Letter Eliminating the 80/20 Rule
- A resignation in lieu of termination is (more or less) still a termination
- Supreme Court will soon decide whether to take up LGBT rights cases
- What Will the Democratic Takeover of the House of Representatives Mean for Labor and Employment Law?
- The Importance of “Thanks-Giving” in the Workplace
- DOJ v. EEOC on LGBT: Game on?
- Making Your Employees’ Votes Count: Employer Obligations on Election Day
- Joint Employment, Wage and Hour Changes are on the Regulatory Horizon
- When you employ a Satanist #HappyHalloween
- Want to Crack Down on FMLA Abuse? Try the Chicago Way
- “Sexual Harassment Defense Industrial Complex”? Gimme a break.
- Why the federal government’s culture war against LGBTQ rights might not matter
- Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?
- Will Recent Equal Pay Legislation Affect Our Annual Comp Reviews?
- Get Your Story Straight!
- EEOC Releases Preliminary Fiscal Year 2018 Statistics on Sexual Harassment Claims
- World’s worst bosses — for employers who don’t want to be sued
- EEOC now says it IS having a #MeToo spike
- How does one measure the impact of #MeToo at its first anniversary?
- EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes
- New California Sexual Harassment Legislation Will Make It More Difficult for Employers to Resolve Claims
- An employment lawyer’s thoughts on the Kavanaugh controversy
- “I’m going to need every Saturday off; is that gonna be a problem?”
- FMLA quirks quiz!
- Recent audit reveals the DOL’s distribution initiative
- Do We Have to Accommodate A Religious Objection to the Flu Shot?
- Don’t ignore state law when considering wage-and-hour issues
- Employers, Why Don’t You Require That Employees Call Two Phone Numbers to Request FMLA Leave?
- Employers, just say no to these disability/pregnancy practices!
- Retaliation: A workplace soap opera
- Hurricane Florence Approaches – What Can Employers Anticipate?
- Everything you want to know about employee polygraph tests
- Significant Compliance Challenges in New York State’s Proposed Anti-Sex Harassment Rules: What Can Employers Do Now?
- Is arbitration a good fit for your company?
- Training won’t fix stupid
- California Class Action Highlights How to Manage an Overtime Policy
- Almost everybody wants the Supreme Court to rule on LGBT rights.
- Altered State: Navigating the Haze Around Medical Marijuana in the Workplace
- DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives
- Temporary employees have permanent legal rights
- Cybersabotage: The hot tactic of today’s disgruntled employee
- Purple Communications No More? A Look Back at the Landmark Case and Ahead to What May Take Its Place
- EEOC sues on behalf of harassed Catholic employee
- Competing for Workers: Pay More? Or Pay More Frequently?
- Hostile work environment, or just NSFW?
- Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity
- Protecting your business from an “Omarosa”: workplace recordings and the law
- Due for a drug test? Stay away from poppy-seed bagels!
- No one should be told to “suck it up” after requesting FMLA leave
- Big LGBT bias case has settled
- Juicing the reasonable accommodation low-hanging fruit
- The First “Me Too” Verdict in New York Should Send A Strong Message to Managers and Employers
- Drafting a Parental Leave Policy? Learn from the Estée Lauder Story or You’ll Risk Smelling Stinky
- Second-guessing the advice columns: Don’t lie about why you terminated an employee.
- Can Your Employees Think on Their Feet? Analyzing the Standing Desk Trend Through the Lens of the ADA
- It’s not an oxymoron to be pro-civil rights AND represent management
- Ninth Circuit Rules that California Employees Can Trade Away Meal Period Rights
- The Sexual Harassment Problem in the Food and Hospitality Industries
- Are generational stereotypes a bunch of baloney?
- Dealing with IEDs in your workplace—employees with intermittent explosive disorder
- Fall is Coming! New York’s New Anti-Sexual Harassment Laws Just Around the Corner
- New California Law Protects Victims, Witnesses, and Employers From Damages to Alleged Sexual Harassers’ Reputations
- A pregnancy-disability-FMLA triple whammy
- A New Sheriff Takes Over at DOL’s Office of Labor-Management Standards
- The FLSA After 80 Years, Part III: The Tip Credit Is Here To Stay
- Firing of deaf employee costs Costco a Costco-sized verdict
- Zero tolerance for “zero tolerance” policies
- The NLRB Joins the #MeToo Movement
- “Exhibit A” for what’s wrong with the Fair Labor Standards Act
- Baseball’s Winter of Discontent
- 10 ways employers give their employees a “bad hair day”
- What the hell is going on at the NLRB with joint employment?
- Do You Know What Your Employees Really Want?
- “Measure twice, cut once,” and, for the love of God, don’t email porn to everyone on your company’s contact list
- U.S. Department of Labor Launches Wage and Hour Self-Reporting Program
- NLRB again extends time for comment on “quickie election” rule
- Harassment training is about creating a culture, not checking a box
- The breakdown on that “transgender funeral home” decision
- How can you transition older workers if you can’t force them to retire?
- March Madness and Employee Morale: Five Questions and Answers on the Tournament Effect
- Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?
- Let’s all try to remember to have gender-neutral employment policies
- Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims
- Want a baby? Line up by seniority, please.
- The gender pay gap is smaller than you think.
- Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation Under the ADA
- Employers, you can still win a transgender bias case.
- Is use of salary history inherently discriminatory?
- Retaliation Claims: Shield, Sword, or Both?
- Rev. Ernest Angley wins wage-hour case
- Maternity leave does not guarantee continued employment
- 5.1 million reason to keep religion out of your workplace
- Will These Recruiting Ideas Help Me Meet Our Diversity Goals?
- Don’t scrap the “severe or pervasive” standard in sex harassment cases
- Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy
- This is NOT the way to beat a drug test.
- Significant Victory for Employers: Supreme Court Upholds Class Action Waivers in Arbitration Agreements
- Four Pitfalls to Avoid When Responding to a Charge of Discrimination
- From Settlement Disclosures to Retaliation: A Summary of Sexual Harassment Legislation in 2018
- Technology Ahead of Laws and Regulations – Or Is It?
- Medical inquiries and the ADA
- Next Time You Want to Conduct FMLA Surveillance on Your Employee, Have a Good Reason Why
- Will drug testing become a thing of the past?
- We Have Bedbugs! Help! What do we do?
- DOJ Challenges California Law Placing Restrictions on Employers’ Ability to Allow ICE into the Workplace
- Tattoos at work: more acceptance, yet still some legal risk
- LGBTQ Rights Making News and Making Law In Recent Weeks
- It ain’t cool to be an April Fool.
- Cyclist fired for flipping off Presidential motorcade sues former employer
- EEOC’s New Guidance Takes Us Back to the Basics
- DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn
- Must you pay employees for FMLA-related breaks during the work day?
- DOJ Targets No-Poach Agreements Among Competitors
- New Guidance on the Equal Pay Act
- Job applicants have disparate impact claim based on age, court says
- What the Spring 2018 Regulatory Agenda Reveals About Future Labor and Employment Policy
- The ADA’s interactive process is always a two-way street
- Are things really that bad for mothers at work?
- SCOTUS decision on class action waivers is not the epic win for employers it may seem to be
- Do We Have to Pay Our Summer Interns?
- Everything you need to know about shredding documents when faced with litigation: DON’T DO IT
- A Closer Look at Trump’s Latest SCOTUS Nominee: Brett Kavanaugh
- The FLSA After 80 Years, Part II: Eight Decades of the Fair Labor Standards Act
- The SCOTUS contenders on employment law: Brett Kavanaugh
- The FLSA After 80 Years, Part I: Major Changes, Current Compliance Concerns, and Possible Revisions
- Miss Mannerly answers all of your summer dress code questions
- As our workforce ages, age discrimination is only going to worsen
- Is Misogyny Protected Activity?
- Can you pay your employees in Bitcoin?
- The latest workplace problem: Workers with too little to do
- Federal judge hands Grubhub a huge victory in groundbreaking gig economy trial
- “What Did You Make at Your Last Job?” – Is That Still a Question?
- Love and work aren’t always peanut butter and chocolate
- Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating
- 2018 Outlook on Federal Labor Laws
- Have a workplace romance question? Ask the doctor!
- Is telecommuting a reasonable accommodation? It depends.
- How Can Employers Compete with this Sporting Trifecta? The Super Bowl, Olympics, and March Madness Approach
- “Can I bring my peacock to work? It’s for emotional support”
- On This 25th Birthday of the FMLA, An Open Letter to Employers, Employees and the DOL
- Company settles EEOC pregnancy accommodation suit for $80K
- Is an Extended Leave of Absence a Reasonable Accommodation Required by the ADA?
- Morale Makes Money: How Starbucks Raised The Bar(ista)… Again
- SNL tackles #MeToo, but what should you do when employees discuss #MeToo at work?
- Fiscal Year 2017 EEOC Statistics are Here (and So Is Retaliation!)
- Religious discrimination against one of “your own”? Yes, it can happen.
- When Is an Employer Required to Check for FMLA Eligibility? The Answer May Surprise You!
- New Tax Law Impact on Employee Benefits and Compensation
- The New Year Brings New Rules to New York
- Aziz Ansari, and 10 old-fashioned ways to bail on a bad date
- Let’s talk about the HHS “conscience” protections for healthcare employees
- Employee’s refusal to take drug test dooms discrimination claim
- An argument for a more reasonable bereavement leave policy
- The DOL’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But Would Present State Regulatory Challenges
- New Tax Reform Bill Stifles #MeToo Settlement Deductions
- A real stinker of an ADA lawsuit
- Alleged harasser is a victim of — ADA “associational” discrimination?
- How State Legislatures May Rock the World of Employee Compensation in Response to the Recent Federal Tax Law
- Catching up: New NLRB chair, starting over, new minimum wages
- Amid all of the sexual harassment concerns, let us not forget that other types of harassment exist
- ’Tis the Season to Be Mindful of Religious Accommodation Obligations
- NLRB restores sanity to its rules on employee handbooks and joint employment
- You gotta quit kickin’ HR around
- If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?
- New Year’s Resolutions — NLRB-style
- Miss Manners delicately sidesteps employment law faux pas!
- Happy Holidays, or is it? Steering Clear of Religious Discrimination and other Landmines during the Holidays!
- Approved Senate Tax Bill Addresses Paid Leave, Sexual Harassment Settlement Nondisclosures
- New NLRB GC Memorandum Signals Changes are Ahead
- Don’t believe everything you read.
- How not to harass women, in one easy step
- Don’t let your Workplace be the Next Headline: Review and Refresh your Non-Harassment Policies and Training
- Employees that allegedly take an employer’s stuff without authorization don’t win discrimination cases, but might win defamation cases
- 10 things for which this employment lawyer is thankful in 2017
- Labor Secretary Discusses DOL Priorities During House Committee Hearing
- 9.8 million reasons to consider transferring a disabled employee to a vacant position
- Want to pan your employer online? Be careful!
- California “Ban-the-Box” Law Significantly Limits Employers’ Ability to Obtain and Use Information About Criminal Convictions in Recruiting and Hiring
- Some lessons from the employee fired for middle-fingering Trump’s motorcade
- IRS (Quietly) Announces Procedures for the Assessment and Payment of Excise Taxes under the Affordable Care Act’s Employer Shared Responsibility Rules
- Headline News! HR Tips to Curb Harassment and Discrimination
- #MeToo? Sure, but not all sexual harassment is alike, and not all workplaces are like Hollywood
- Just When You Thought the DOL’s OT Rule Was Dead, It Lives to Fight Another Day
- Where’s Your Harvey? How To Keep Your Company Out of the Headlines
- Apple employee gaffe illustrates risk posed by YouTube videos in protection of trade secrets
- Reasonable accommodation quiz for employers!
- At last! Not One, But TWO Court Decisions That Scale Back an Employee’s Right to Take Additional Leave After FMLA is Exhausted
- Not all swearing at work is created equal
- Expanding Association Health Plans – Which Agencies Need to do What
- Bill O’Reilly claiming victim status is WHY we have a harassment problem
- What’s the effect of the Sessions’ memo on transgender discrimination?
- 6 ways employers sink their own ships
- When is a break not a break under the FLSA?
- Smaller Employers in California Required to Provide Job-Protected Unpaid Parental Leave Starting January 1, 2018
- When You Don’t Train Your Managers on the FMLA, You’re Begging for This Kind of Smackdown
- Lessons From Equifax – Trends on Data Breach of Employee Information
- New York Paid Family Leave Law – A Comprehensive Breakdown for Employers
- Can Employees Pay for Cord Blood Storage with an HRA, FSA or HSA?
- Courts uphold law enforcement officer’s discharge for racially insensitive posts
- Sometimes a banana is just a banana, and sometimes you’re liable for harassment
- The ADA: Four issues to watch in 2018
- Extended medical leave not a “reasonable” accommodation under ADA, court says
- Catholic priest is (allegedly) an equal opportunity offender, court says, dismissing bias suit
- Trump Plays Ball (To Knee or Not To Knee)
- What Does the EEOC’s Lawsuit Against Estee Lauder Mean for Parental Leave Policies?
- Emanuel’s Confirmation Launches a New Era at the NLRB
- A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data In 2018
- Contacting Employees on FMLA Leave: Answers to 4 Inevitable Questions
- Fractal Geometry, Actuarial Risk, and §1332 Waivers—The Role of the States in Reforming Health Care
- Trump’s EEOC nominations are rocking along – and here’s what we can expect
- No Summer Breaks for the EEOC
- Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim
- Spoiler Alert: Court Plunges Dagger In Heart Of Obama-Era Overtime Regs, Setting Stage For Season II Fireworks
- Employment law quiz: Bizarro edition
- The more things change… the NLRB and Weingarten rights for non-union employees
- If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?
- Racism in Your Spare Time: What Are The Legal Limits for Employers?
- Does Paying Time and a Half For Certain Work Count Toward Overtime?
- Where is the line between lawful (but awful) bullying and unlawful harassment?
- Trump’s One-offs to Labor Regulations Change the Big Picture
- Second-guessing the advice columns: Bad HR practices aren’t necessarily illegal
- Out of Sight, Out of Mind . . . But Don’t Forget the Possibility of ACA Retaliation Claims
- Is the DOL’s white-collar salary test DOA?
- Obama overtime rule is declared invalid — for good? (Let’s hope.)
- Picking Up the Pieces: Employer Responsibilities in the Aftermath of Hurricane Harvey
- Hurricane Harvey and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
- AARP’s wellness win against the EEOC: The “law nerd” version
- Are “Cute” Employees A New Protected Class in New York?
- NLRB offers rare win for employer confidentiality policy
- “Woefully thin statistics” doom adverse impact claim
- Comprehensive Analysis of New York Paid Family Leave: What Must Employers Do Now to Comply?
- The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health Plan
- Before you fire that political extremist…
- Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don’t Be That Employer.
- Apparently the labor rights of strikers trump the non-harassment rights of employees
- Did A Florida Appellate Court Just “Dis” An Employment Agreement’s Arbitration Provision?
- Q and A on the recent controversy
- When you discover that you employ a Nazi
- Does DOJ action on “race-conscious” college admissions mean anything for federal contractors?
- Is Misogyny Protected Activity?
- Employer Beware: When “good” isn’t good enough (disability bias)
- Would you let your employer microchip you?
- You decide: Why the DOJ says Title VII does NOT prohibit sexual orientation bias
- NBC reignites privacy debate by requiring social-media passwords of job applicants
- Hey, Where’d Everybody Go? Employers Beware—Solar Eclipse Mania Sweeps the Nation
- Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit
- Trump v. Sessions: Are we witnessing a “constructive discharge” in real time?
- Treat harassment by non-employees no differently than harassment by employees
- EEOC sues over – get this – “Spanish-only” policy
- California’s Equal Restroom Access Act: 5 Facts You Need to Know
- Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User
- Court rules that religious accommodation request is not protected activity for retaliation claim
- Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace
- “Not my employee, not my problem.” Oh, yeah?
- Can a Chiropractor Certify FMLA Leave for the Chronic Bad Back? And Are There Limits?
- A reminder that any employee can sue you at any time
- EEOC sues to force gentlemen’s club to hire male bartenders
- Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful Solicitation
- EEOC’s Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations
- For the ADEA’s 50th birthday: An age discrimination quiz
- Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA
- Is “reverse discrimination” still a thing?
- Eleventh Circuit Won’t Rehear Title VII Sexual Orientation Case; LGBT Advocacy Group Will Appeal to United States Supreme Court
- DOL Brief in Overtime Rules Case Leaves New Uncertainty
- California Joins the Ban-the-Box Bandwagon
- Are you a harassment “daredevil”? Here are 5 behaviors that put you at risk.
- Are you ready for the new EEO-1 report?
- Litigation tactics can be FLSA retaliation? Wow.
- More on why holding lawyers liable for retaliation to a client’s employee is the worst idea
- Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case
- Happy 45th birthday, Title IX: You’ve changed a bit over the years
- OSHA Proposes Extended Deadline for Electronic Filing of Injury and Illness Reports
- Is this the worst employment law decision of 2017?
- Reporting harassment down is no trigger for employer action, says 6th Circuit
- OFCCP, Google awaiting a decision
- 6th Circuit grants EEOC broad subpoena powers
- Clean Up On Aisle 6: Federal Judge Rules That Winn-Dixie’s Website Violates The ADA
- Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?
- In honor of Father’s Day, a look at paid parental leave
- The Rise of the Group Health Insurance Captive
- It’s Payday! Are Pay Stubs an Employer’s Friend or Foe?
- Are We Being Taped? – The Second Circuit Weighs in on Workplace Taping
- Is the overtime rule still alive, after all?
- Department of Labor pulls Obama-era guidance on joint employment and independent contractors
- Can you fire an employee for off-duty misconduct? You betcha!
- Pros and cons of the proposed EEOC-OFCCP merger
- U.S. Supreme Court Finds that Retirement Plans Sponsored by Religious Hospitals Are Exempt from ERISA
- Next up on the EEOC’s radar: age discrimination
- Intermittent Leave Under the FMLA – The Basics
- Protecting Your Company and Your Employees During an ICE Raid
- A contrary (and common sense) appellate view on rude employees and the NLRA
- Gender dysphoria: Is it an ADA-protected disability?
- OFCCP: Like a dog with a bone
- The importance of an anti-harassment culture
- Should a Statement Made at Mediation Ever be Used in Court?
- After the investigation: Now what?
- Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena
- Federal court breaks new ground with transgender disability discrimination claim
- New York City’s “Freelance Isn’t Free Act” Took Effect on May 15 – What Do Employers Do Next?
- 9 traits of a bang-up workplace investigation
- Proposed merger of EEOC, OFCCP faces opposition from both sides
- One Employee in Europe Could Trigger New EU Data Protection Obligations
- Keep Holy the Labor Code: Providing Days of Rest for California Employees
- A better take on what creates a hostile work environment
- Restaurants: Do your employees know that you take the tip credit?
- 10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption
- WannaCry? Then ignore cybersecurity
- Gender pay gap is primarily a result of personal choices — so, what can employers do?
- OSHA Withdraws the Dead Volks Rule from the CFR. What Now?
- Third Circuit finds Employer Not Liable for Tortious Interference Claim Where Employer had No Knowledge of New Hires’ Non-Competes
- “Who Can It Be Now?” New York’s Highest Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction
- This is why it matters who runs the NLRB
- HR’s hottest must-have: universal workplace emoji!
- Is Comp Time on its Way? The Working Families Flexibility Act Passes the House
- “Ask Amy,” part deux: Amy gets the message
- 6th Circuit says you can’t spell “cat’s paw” without F-M-L-A
- The Top 5 Wage & Hour Class/Collective Action Claims that Hospitality Employers Face (And How to Avoid Them)
- Wait, an employer can’t fire an employee on FMLA leave caught on Facebook on vacation?
- 6 timekeeping practices that reduce your risk of wage-hour liability
- The First 100 Days: The Trump Administration’s Impact on Labor and Employment Law Thus Far
- 2nd Circuit holds that it’s perfectly okay for an employee to curse out his boss on Facebook (NSFW)
- Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination
- Is your timekeeping system creating wage-hour liability?
- EEOC Wellness Plan Controversy: All’s Well That Ends Well?
- Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum
- The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care
- An EEOC charge has been filed against your company. What now?
- Is “Class Arbitration” an Oxymoron?
- Don’t “Ask Amy”!*
- The bar for what qualifies as unlawful harassment in the 4th Circuit is pretty damn high
- “Hiring Hazard” – NY City Employers May Soon Be Prohibited From Asking Applicants About Salary Histories
- The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award
- “Comp time” for private sector employees: What’s not to like?
- 6th Circuit avoids key legal issue, but still absolves union of harassment liability
- Google’s Pay Policy: Good? Or Too Good to be True?
- Employers, spike those “high heels” dress code requirements!
- Bill O’Reilly and Fox News teach us how not to ignore workplace harassment
- Communicating with employees is key when a PR crisis strikes
- What Happened to Health Care Reform and Where is the Department of Labor Headed?
- Promotion after protected activity dooms employees retaliation claim
- Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration
- “The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz
- Can an Employee take FMLA Leave to Care For a Sibling? Before You Say “No,” Read This
- Supreme Court Message – Be Wary of EEOC Subpoenas
- The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision
- Leave as a Reasonable Accommodation under the ADA
- The adverse action standard for retaliation is low (but not this low)
- Job descriptions count (but not as much as you think) in ADA cases
- Email Restrictions: Good Idea But Don’t Hold Your Breath America
- Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage
- 10 habits of highly effective HR professionals (April Fool’s edition)
- New surveys reveal that most employees favor paid leave and flexible schedules
- Manager’s Thoughtless Comment Resurrects Poor Performer’s FMLA Claims
- Fair Pay and Safe Workplaces: The fat lady has sung!
- When will employees learn that online comments can, and will, be used against them?
- An Employer’s Guide to the Collapse of the American Health Care Act (Spoiler Alert—the News is Not all Bad)
- If at First You Don’t Succeed… Nominate a New Secretary of Labor
- “The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction
- Do School Employees Get Overtime For Occasional Extra Duty?
- SCOTUS takes largely meaningless swipe at Obama’s NLRB legacy
- How Should I Handle Customer Concerns about a Transgender Employee?
- Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset
- Swapping DNA for lower insurance costs is one wellness step too far
- March Grabness: Avoiding Personal Fouls, Violations and Time Outs in the Workplace
- Is paid family leave in employers’ future?
- Does Your Social Media Policy Apply Globally?
- Can We Lawfully Terminate an Employee After He Submits a Vague Doctor’s Note Seeking an Extension of Leave? In a Word, Yes.
- Can Fido Come to Work? EEOC Files Suit to Require Emotional Support Dog on Truck Route
- Fair Pay and Safe Workplaces and its “executioner”: The Congressional Review Act
- Third Circuit Holds that Medical Resident May Bring a Title IX Claim Against a Private Hospital
- The 11th Circuit’s odd LGBT-discrimination decision
- Oral Arguments Held in Browning-Ferris International v. NLRB
- “HR Horribles” — collect ’em all!
- March Madness Brings Gambling to the Workplace!
- SCOTUS reverses decision to review transgender bathroom case
- 2016 California Employment Law Year In Review
- It’s W-2 Phishing Season: How to Stop, and Respond to, Tax-Related Identity Fraud Aimed at Your Organization’s Employees
- Theft of Confidential Information: Pfizer’s Wiser, Are You?
- President Trump Signs New Executive Order on Immigration Policy
- Is Siri a victim and a cause of sexual harassment?
- Just Who is Using All those H-1B Visas?
- Your Employee is Leaving… How Do You Safeguard Your Company’s IP?
- Blowin’ in the Wind? The Evolution of a Balanced Analysis of Workplace Policies by the NLRB
- What’s in Ivanka’s “paid family leave” plan?
- U.S. Chamber calls for common sense restoration of the NLRB… and I couldn’t agree more
- Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules
- Can a hug create a hostile work environment? According to this court, yes.
- What’s good for the goose … NLRB protects employee’s Facebook post critical of his union
- It’s Not Just a Box: Understanding How “Ban-the-Box” Laws Go Beyond Your Employment Application
- Got an Employee Who Doesn’t Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn’t
- That smarts! Porn “sting” operation gets employer “stung” for retaliation
- Alex Acosta, Former NLRB Member, Nominated as Secretary of Labor
- Andy Puzder, Trump’s pick for Secretary of Labor, withdraws
- New EEOC Chair Says There Will be No “Major Changes” But – the DOJ Seems to be Calling a Truce in the Transgender Battle – What Direction Are We Heading?
- Is the new EEO-1 form here to stay? Maybe yes, and maybe no…
- Third Circuit Rules “Subgroup” Disparate Impact Claims Are Cognizable Under the ADEA
- Wait . . . Can They Do This? Employers’ Responses to a National General Strike
- Will new EEOC Chair usher in sweeping changes?
- How to defend *not* granting leave as a reasonable accommodation
- What’s in a “Like”?: Tips for Employers and In-House Counsel in Crafting Social Media Policies
- Does the FLSA cover unpaid “gap time”?
- An FMLA cautionary tale for employers
- Employers Hold Their Collective Breath Regarding the Enforceability of “Class Action” Waivers in Arbitration Agreements
- Reading Tea Leaves: Judge Gorsuch’s Arbitration Decisions and the Future of Class Action Waivers in the Supreme Court
- Fair Pay & Safe Workplaces Rule is on the chopping block
- EEOC v. Flambeau, Judicial Restraint, and the (Uncertain) Future of Employer-Sponsored Wellness Programs
- Employee Smart Phones: Smile, Your Meeting is Streaming Live and In Color
- Trump leaves DOL Overtime rules on life support – For Now
- Super Bowl 51: A Time To Review Attendance And Tardiness Policies
- Rubber, Meet Road: The Arduous Task of Translating Campaign-Talk into Action to Repeal (and Replace?) Obamacare
- Trump’s un-American travel ban and the workplace
- Workplace harassment: EEOC’s employer best practices
- Married, but Without Benefits: The Obergefell Saga Continues in Texas
- Disclosing an Employee’s Medical Condition May Result in an Automatic FMLA Violation
- Can A Boss Fire Someone for Off-Duty Political Activities?
- Check the Drama at the Door, Part II: A 10-Point Checklist for Avoiding and Resolving Workplace Conflict
- Andrew Puzder’s view of women should disqualify him as Secretary of Labor
- New Administration Orders Freeze of Pending Regulations, Takes Aim at the Affordable Care Act
- Check the Drama at the Door, Part I: A 10-Point Checklist for Avoiding and Resolving Workplace Conflict
- 9 “fun” facts about workplace harassment, from the EEOC
- President Obama’s labor and employment legacy
- A not-so-subtle reminder about the need for cybersecurity training
- Recent OFCCP settlements remind contractors about importance of recordkeeping
- OSHA suggests employer best practices for anti-retaliation programs
- Employers Must Use the New Form I-9 Starting January 22, 2017
- SCOTUS to review NLRB ban on class-action waivers
- Nitpicking the EEOC’s proposed guidance on harassment
- Tread carefully if stripping employees of their pay
- “Change” Comes to Washington—What to Expect
- Fact Check: Does Labor nominee Puzder really want to put people out of work?
- Are police-worn body cameras a mandatory subject of bargaining?
- Fair Pay and Safe Workplaces is mostly gone — but not the pay transparency part
- The Latest on the Overtime Rule Litigation: District Judge Denies DOL’s Motion to Stay Pending a Ruling by the Court of Appeals
- Back to 1981: More Reasonable Salary Levels for the Overtime Regulations
- Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims
- The “Opposite of Work”: California Supreme Court Issues On-Call Rest Break Ruling
- The 12 Days of You-Know-What: Employers’ Edition
- Federal Overtime Rule Injunction Calls for State-Level Attention
- Labor Department Argues That Texas Court Erred When It Blocked Overtime Rule
- 11 traits of good employer documentation
- Should Employers Make Paid Parental Leave a Basic Employee Benefit? Considerations for Drafting a Parental Leave Policy
- The DOL Under Trump: The State of the FLSA “White Collar” Exemptions
- Employers, here’s why good documentation is da bomb
- Post no bills? Employers have to post plenty!
- Trump to nominate fast food exec Andy Puzder as Secretary of Labor
- 10 Considerations for Planning the 2016 Office Holiday Party
- 2017 Labor & Employment Laws: New Year, New Government, New Challenges
- The DOL Will Appeal Injunction Suspending Regulations Raising the White Collar Salary Minimums
- A Trump Presidency: What Does It Mean for Employee Benefits?
- Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule
- Are the DOL Regulations Dead, or Just on Life Support?
- Addressing Post-Election Tensions in the Workplace
- Labor and Employment: What We Know and What We Don’t Know About the New Trump Administration
- Does Paid Leave Become Reality in a Trump Administration? And Who is His Likely Choice to Head the Department of Labor?
- Federal Court Permanently Enjoins the Persuader Rule
- You’re Fired! How the At-Will Employment Doctrine Separates the U.S. From Many Foreign Nations
- In Order to Avoid Liability, Employers Need to Reevaluate Employee Cell Phone Usage Policies
- Oh, wait a minute — sexual orientation bias DOES violate Title VII?
- Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No
- What Will The Trump Administration Mean for Wage and Hour Law?
- “It’s going to be beautiful, believe me”: Trump on labor & employment law issues
- Whistleblowing as a Private Right of Action in New York?
- Appearance code quiz for employers!
- Can an Employer Require That an Employee Submit FMLA Certification from a Specialist to Support the Need for FMLA Leave?
- Less than a month to go! Are you ready for the FLSA Overtime Rule?
- Forget Trump or Clinton—What Else is on the November 8 Ballot?
- What the DOJ/FTC’s Recent “Antitrust Guidance for Human Resource Professionals” Means for Employers
- Conflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part I: Failing to Recognize and Confront High-Risk Situations
- New California Law Prevents Employers from Imposing Non-California Forum Selection or Choice of Law Provisions upon California Employees
- What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC
- The New Antitrust Guidance: DOJ and FTC Offers Direction to HR Professionals
- The Upcoming Presidential Election and the Unique Challenges to Workplaces It Presents
- Tech company sued for alleged hiring bias against Asians, OFCCP’s Shiu to step down
- Employer groups try to block “Fair Pay and Safe Workplaces” rule. Will they beat the deadline?
- EEOC Issues Updated Strategic Enforcement Plan: What Should Employers Do Now?
- Workplace investigations and the case of the planted peanut butter
- OSHA Pushes Back Enforcement Date for Anti-Retaliation Provisions Again
- A New Primer on Voting Leave Requirements: Are You Ready for the Elections?
- Heresy! Is “flexibility at work” overrated?
- More Than Money: Qualcomm Promises Change to Settle Gender Pay Class Action
- Restroom use “catch 22” for transgender individuals violates Title VII, court says
- The Looming December 1 Implementation Date for the Overtime Regs: Do Recent Challenges Mean a New Effective Date?
- Peanut passions, the ADA, and co-workers who take an employee’s allergy with a grain of salt
- Criticism of OFCCP won’t give contractors any satisfaction
- When Is The Medium (NOT) The Message? NLRB Prohibits Acute Care Hospital From Banning Picketing Unless Distressful To Patients
- California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions
- Still No NCAA Pay for Play—Supreme Court Denies Cert. in O’Bannon v. NCAA
- House Votes to Delay OT Rule But Employers Are Not Out of the Woods Yet
- FLSA overtime rule: With all these efforts to block it, can employers relax?
- When Employers Don’t Recognize an Employee’s Notice of the Need for FMLA Leave, They Pay the Price
- Four States Expanded Employer Data Breach Notification Obligations in 2016
- It’s Time to Get Back to Basics: Keeping Your Workplace Free of Sexual Harassment
- EEOC Continues its “Fight” Against Mandatory Flu Vaccines
- Half a Loaf: Court Rejects ADA “Safe Harbor” But Approves Pre-Regulations Wellness Program as “Voluntary”
- Hillary, or The Donald: A voting guide for employers
- Open the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)
- There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)
- NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between “Religious” and “Secular” Instruction in Faculty Bargaining Unit Cases
- September Surprise? Two Federal Lawsuits Attack the Validity of the New FLSA Overtime Rule
- 21 States File Suit Challenging the DOL’s New Overtime Rule
- ‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?
- There’s a new sheriff in town: The politics and pitfalls of patronage dismissals
- Ripped From the Headlines, Part II: Three Investigation Lessons to Learn from Recent Scandals
- Will “ban the box” backfire?
- Lessons From LochteGate: Strategies to Avoid Olympic-Sized Workplace Disqualifications
- Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She’s a Key Employee?
- Spruce Up Survives, But a Successor’s First Communication to a Predecessor’s Employees is More Critical Than Ever
- Is There a Change in the Wind for LGBTQ Law?
- Employer dos and don’ts for 2016 elections (NLRB-friendly version)
- Sweet Justice! Dismissal of Bully’s FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave
- About that new “cat’s paw” decision…
- The EEOC’s New Wide-Reaching Retaliation Guidance: What Should Employers Do Now?
- Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments
- When and Where Can the “Line” Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer
- Connecticut’s Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work
- Why Should Employers Take Pregnancy Discrimination and Accommodation Seriously? Here Are More Than 500,000 Reasons Why.
- The EEOC’s defeat in Detroit: Pants, skirts, gender identity, and religion
- Call the Doctor! Paid sick leave is on the way for (many) federal contractors
- Shoddy harassment investigation comes back to bite employer
- NLRB Holds That Grad and Undergrad Teaching Assistants at Columbia University Are “Employees”
- Ninth Circuit Invalidates Class Waiver in Arbitration Agreement
- Spa day! Let’s do an FLSA white-collar exemption makeover!
- Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims
- Detroit-area funeral home wins in EEOC transgender case
- Fifth Circuit Broadens Exceptions to At-Will Employment
- Can’t we all just get along? Bridging the generation gap at work
- Must an Employer Accept FMLA Medical Certification from an Online Health Care Provider? And What If It’s an LCPC?
- What the Seventh Circuit’s Recent Title VII Ruling Means for Sexual Orientation Discrimination in the Workplace
- What You Need to Know About Recent Amendments to Illinois’ Equal Pay Act
- A Modern Makeover for the PERM Program
- Sandquist v. Lebo Automotive, Inc.: California’s Cautionary Tale About the Importance of Drafting Arbitration Agreements with Precision
- Conservative expression may be unlawful harassment, EEOC says
- A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination
- Lack of Policy and Training May Lead to Employers’ Liability for Nonemployees’ Racial Bias
- Recreational Marijuana Placed on California November Ballot
- Lessons to be Learned from Uber’s “Wrong Turn” with a Private Investigation
- Massachusetts Nearing Enactment of Sweeping Pay Equity Legislation
- Pokémon Go Back to Work!
- Password sharing and “head-slap hacks”: What employers can do
- Sex on TV: Final FAQs for employers about the Roger Ailes case
- 3, 2, 1, blastoff! OFCCP Final Rule on sex discrimination is about to take effect
- Hallelujah! 5 things about religion in the workplace that you may not have known
- Is Proposed Legislation Likely To Slow Implementation of The New Overtime Regulations? Probably Not.
- Workplace Video Monitoring: What Employers Need To Know
- Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?
- The Latest in Labor: NLRB Update, Part One
- Is the OFCCP’s take on the internet applicant rule outdated?
- Supreme Court Poised to Weigh in on Transgender Rights
- The NLRB Fires a Shot Across the Bow of Federal Contractors
- NY Attorney General Sends a Message: Re-Think Non-Compete Agreements
- OSHA Delays Enforcement of Anti-Retaliation Provisions
- Gretchen Carlson v. Roger Ailes — can he sue her?
- Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?
- EEOC amends its “pay survey” proposal a teensy bit. I still don’t like it.
- The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
- New OFCCP Scheduling Letter: Everything you say may be used against you.
- Los Angeles One-Two Punch Revisited: More FAQs on the New Minimum Wage and Paid Sick Leave Ordinance
- EEOC LGBT Cases in the News
- DOL Rule Imposes Significant Increases in Penalties for Employee Benefit Plan Violations
- Sex harassment myth: “He said/she said” is no big deal.
- Labor complaints to be reported to federal database of “bad” employers
- Philadelphia’s New Wage Theft Ordinance: What Employers Need to Know
- NLRB Strikes Healthcare Facility Conduct Rules
- Can Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers
- Applicant tracking and the EEOC: “You can SUE us for that?”
- OSHA Penalties Increase by 78.156% Effective August 1, 2016
- D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union’s Bargaining Expenses as Remedy for Unfair Labor Practices
- Handling Intermittent, Unpredictable Leave Requests after FMLA Ends
- Taking Workplace Training to the Next Level: EEOC Task Force Recommends Live, Interactive Harassment Prevention Training
- Managing Repeated Requests for Leave as an ADA Reasonable Accommodation
- Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home Care Industry Intensifies
- New Colorado Law Requires Employee Access to Personnel Files
- Texas District Court Issues Nationwide Injunction Blocking the Department of Labor’s Persuader Rule
- “Cooperation is Key” – Second Circuit Affirms Employer’s Ability to Fire an Employee for Refusal to Cooperate In an Internal Investigation
- UK Votes to Leave the European Union: What Does This Mean for U.S. Companies With European Subsidiaries?
- Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?
- School’s out! So what’s with this summer employment law quiz?
- Here’s a tip: Don’t skim from employee tips
- Supreme Court Shoots Down DOL Regulations, But Declines To Rule Whether Service Advisors are Exempt From Overtime Pay Requirements
- Jocks and Docs: Classifying Postdocs and Coaches Under the DOL’s New Rules
- NLRB General Counsel Orders Complaints in All Withdrawal-of-Recognition Cases
- HHS Final Rule Finds Categorical Exclusions for Health Services Related to Gender Transition Are Generally Unlawful
- Chicago Poised to Pass the Latest Employee Paid Sick Leave Law, Following the Lead of other Cities, States
- Car Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court
- Los Angeles One-Two Punch: Minimum Wage and Paid Sick Leave Changes Go Into Effect in July
- When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters
- The “duty to conciliate” doesn’t mean the EEOC has to be reasonable.
- The Fourth Bite at the Apple Uncovers a “Worm” for Duane Reade
- Are Higher Wages Coming To A City or County Near You? The Minimum Wage Legislation Trend As Told By California
- Spokeo—New Hope for Defending Against ERISA Claims?
- Cal/OSHA Warns California Employers That Another Hot Summer is on the Horizon
- The New Persuader Activity Reporting Requirements—A Significant Development
- Converting Salary to an Hourly Rate
- Transgender Employees and Restrooms in the Workplace: What Every Employer Needs to Know
- FLSA morale nightmare: Dealing with the “new non-exempt”
- Employer Concerns About The New Overtime Exemption Rules Aren’t A Myth
- The Seventh Circuit Holds that Class Action Waivers in Employee Arbitration Agreements Are Unenforceable
- NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers
- Mind the (Pay) Gap: Investor Requests for Reports on Gender Pay Disparities Are on the Rise
- 25 quick takes (no kidding!) on the EEOC’s proposed national origin guidance
- Residence Hall Directors Under The New FLSA Exemption Rules
- “Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements
- Deep Impact: New Overtime Rules Will Change Work, Not Overtime Pay
- Threats, and rumors of threats, enough to overturn union election, court says
- Military employment rights: A recap for the Memorial Day weekend
- Coaches and Athletic Trainers Under the New FLSA Rules
- Thoughts On Payroll By Exception and Weekly Time Sheets
- Ripped From the Headlines: Three Investigation Lessons to Learn From a Political Controversy
- An open love letter to Justice Clarence Thomas
- Is sexual harassment training a turn-off for men?
- New OSHA Recordkeeping and Reporting Requirements to Take Effect August 2016
- California’s Fair Pay Act: Gender equity beyond compare
- New OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions
- Transgender Rights In the News
- Can We Have Both Exempt and Non-Exempt Employees With The Same Job Title?
- White House calls for non-compete reform
- New Fair Labor Standards Act Regulations Very Likely to be Released Next Week
- The U.S. Department of Justice and North Carolina Face Off On Transgender Rights
- EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What’s the Impact on Employers?
- EEOC Acts Again on LGBT Rights
- Combining 10-Minute Rest Breaks May—or May Not—Be Lawful in California
- Oh, joy! A wage payment quiz!
- U.S. Department of Justice threatens NC over HB 2
- Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance
- EEOC posts fact sheets on LGBT discrimination, transgender issues
- Countdown to the Final Overtime Rule: The Clock Is Ticking on Your Current Exemptions
- Uber Willing to Pay $100 Million to Keep Its Drivers Classified as Independent Contractors
- Help Wanted: Avoiding Inadvertent Participation in Labor Trafficking
- Court sheds light on “pregnancy accommodation” obligation after Young v. UPS
- California’s New Guidance & FAQs for Employers of Transgender Employees
- Minimum Salary Threshold for Overtime Exemption Likely to Be $50,544
- Supreme Court Upholds $5.8 Million Judgment Based on Statistical Analysis
- Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court
- DOL Issues New FMLA Poster and Publishes Guide to Help Employers Administer FMLA
- The New California Regulations Part IV: Support Animals in the Workplace
- What’s Next at the NLRB? Ask the General Counsel!
- The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies
- California FEHA Forecast: Evidence of Pretext Required in Anti-SLAPP Case Against TV Stations
- A whole bunch of nothing: Five takes on Gov. McCrory’s “walkback” of N.C. HB 2
- Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit
- Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA
- More on HB 2 and wrongful discharge: My response to Charlotte Magazine
- Employee Manuals – Sticking to the Script: New Guidance from the NLRB
- California Governor Signs Paid Family Leave Expansion Into Law
- NLRA Protections for Derogatory Statements and Four-Letter Words Attacking a Company and its Managers
- All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee’s Family Member
- OSHA Ups the Ante for Employers That Fail to Report Workplace Injuries
- Is obesity a “per se” disability? One court says no
- California Supreme Court Takes a Stand on Employers’ Obligations to Provide Seating
- Ignore the hype: Here’s what employers need to know about North Carolina’s HB 2
- Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”
- What if the Doctor Refuses to Use the Employer’s FMLA Medical Certification Form? And They Want to Charge a Fee for It?
- N.C. “bathroom bill” has a bomb for wrongful discharge plaintiffs
- Averaging The Way To Classwide Liability
- Have You Trained Your Supervisors on Wage & Hour Compliance?
- Gender pay gap is greatly exaggerated, new study says
- FMLA Leave is Like a Hot Potato – Handle with Care or You Might Get Burned: The Message of the Culinary Institute Decision
- Department of Labor Issues New “Persuader” Regulations Expanding Employers’ Reporting Obligations Under LMRDA
- How Does an Employer Calculate Intermittent FMLA Leave When an Employee Moves from Full-Time to Part-Time?
- The New California Regulations, Part II: The Transgender Workforce
- Mine Your Own Business? Three Neighboring Mines Don’t Meet WARN Act “Single Site of Employment” Test
- What Has the EEOC Been Up To?
- Labor Secretary Testifies Before House Committee but Stays Silent on Overtime Proposal
- Female lawyers, Republican bosses, and kitchens: The Sequel
- Is driving an “essential function of the job” for your road warriors?
- The New California Regulations, Part I: Preventing and Correcting Wrongful Behavior
- A Quick Look at Merrick Garland’s Labor and Employment Record
- Possible Final New Overtime Rule Before July
- New York City Makes “Caregivers” the Newest Class of Protected Employees
- Will Your Sick Leave or PTO Policy Satisfy DOL’s Paid Sick Leave Regulations for Federal Contractors?
- Female lawyer with Republican boss? Go back to the kitchen!
- Election Year Tips for Employers
- Equal Time for Union Organizers: How Far Will the NLRB Go?
- How would you rate Yelp as an employer?
- Unreported Working Lunches May Still Be Work Time
- Who knows what evil lurks in the hearts of employees? The Shadow knows
- EEOC Files First Suits Challenging Sexual Orientation Discrimination As Gender Bias
- Illinois Medical Marijuana Law: What Employers Should Know
- Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?
- How Justice Scalia’s Death Could Have Profound Reverberations for Employers
- Why shouldn’t supervisors investigate workplace harassment? They’re too normal
- Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea
- NCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA
- Don’t be a “Streisand Effect” employer
- $89K manager may not be FLSA-exempt, court rules
- Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?
- Walmart Discrimination Case Makes Headline
- EEOC Retaliation Guidance, Part 3: A “causal connection” checklist for employers
- Be my workplace valentine? We’ll see…
- Same-Sex Harassment Decisions Go Both Ways
- Oops, They Did It Again: New PAGA Legislation Proposes the LWDA Take Back Previously Delegated PAGA Power
- Should Your Employees Get More Sun, Surf, and Sand? A Quick Look at Unlimited Vacation Policies
- 5 things I don’t like about the EEOC’s “pay survey” proposal
- Use The “Rolling” Method to Calculate FMLA Leave! This Employer Learned the Hard Way
- EEOC Retaliation Guidance, Part 2: Was your employment action “adverse”?
- U.S. Department of Labor Adopts Standard for Joint Employment Situations
- Reducing the Risks of Pay Discrimination Claims: Employer Pay Equity Audits
- Can a Massachusetts Religious School Refuse to Employ a Worker in a Same Sex Marriage
- Company to Pay $115,000 to Settle Sex Discrimination Suit on Behalf of Transgender Employee
- New FLSA Exemption Rules – Coming In July?
- EEOC Seeks Input on Proposed Pay Data Collection Requirements and Retaliation Enforcement Guidance
- EEOC Retaliation Guidance, Part 1: You gotta be “protected”!
- A Big Yawner? DOL Issues FMLA Fact Sheet Regarding Joint Employers
- Trial Management Concerns Prevail in Denying FLSA Conditional Certification
- Supreme Court Rejects One Strategy for Defeating Class and Collective Actions
- Think Using a Temp Firm Solves Your FLSA Compliance Problems? Think Again, Says the DOL
- FMLA FAQ: How Do Snow Days Affect FMLA Leave?
- Supreme Court Agrees to Hear Service Advisor OT Pay Split
- Court Rules Settlement Offers Can’t Kill Class Actions
- Transgender roadmap: 10 steps the EEOC thinks employers should take
- ADA Claims Reach Into Cyberspace
- An Employee’s “Hope” That She’ll Return to Work Isn’t Enough to Require Additional Leave under the ADA
- Unequal pay causes mental illness? Let’s not jump to conclusions
- FLSA Settlements Continue to Draw the Attention of Courts
- The EEOC continues to recognize sexual orientation discrimination as sex discrimination under Title VII
- Employers, the ADA interactive process applies to post-offer medical examination, too
- Small Business: Record Your Employees’ Time!
- New York Employers – Looking Backward and Forward
- Why the EEOC believes Title VII bans sexual orientation bias
- T.J. Simers $7.1 million discrimination verdict: Easy come, easy go?
- EEOC Issues Guidance Directed Specifically to HIV Positive Employees and Their Physicians
- A New Year’s Resolution for California Employers: Fair Pay Act Compliance
- Preparing for the Upcoming Amendments to the FLSA Overtime Regulations: A Toolkit for Retail and Hospitality Employers
- ACA Outlook: What Will 2016 Hold for the Affordable Care Act and Employers?
- Uber Complicated? State and Local Labor Law May Fill in Federal Gaps
- City Not Liable For Chicago Police Officers’ Blackberry Work Time
- When a customer harasses your employee – what should you do?
- Transgender Rights on the Front Page: A Continuing Conversation
- Male minister who won’t wear makeup sues for religious bias
- Still No NCAA Pay for Play–9th Circuit Denies O’Bannon v. NCAA Rehearing En Banc
- Social Gatherings and Social Media this Holiday Season – What’s Not to “Like”?
- For California Employers, New Year Brings New Restrictions—Along With a Few Silver Linings
- Should an Employer Invite to the Holiday Party an Employee out on FMLA Leave?
- Trojan travails: Coach Sarkisian’s alcoholism-discrimination lawsuit against USC
- Wishing for a Lawsuit Free Holiday Party
- I’m Not Persuaded: The DOL’s New “Persuader” Rule Close to Implementation
- As the rotunda turns . . . affair, coverup, retaliation — and lawsuit against state House
- President Obama’s Order “Banning the Box” for Federal Employees is an Important Reminder to Review Hiring Policies
- Finders Keepers: Handling Unclaimed Employee Wages
- Employee Tells a Co-Worker That He Plans to Misuse FMLA Leave. Court Says It’s OK to Demote ‘Em!
- Holiday Parties – What Employers Should Consider
- Ushering in a New Year of Labor and Employment Legislation
- EEOC provides ADA guidance for employees’ doctors
- The NLRB’s New Target: FLSA Settlement Agreements
- New York Employers Should Be Aware of Laws Protecting Employees Who Are Victims of Domestic Violence
- The DOL’s Fall 2015 Regulatory Agenda: Does it Really Shed Light on the Timing for a Final Overtime Rule?
- Be thankful you’re not an employment law turkey
- Predictive Scheduling: A Primer for Retail and Hospitality Employers
- New Exemption Rules May Be Delayed To Late 2016
- Beware: You May Not Be Immune
- Congress Repeals FLSA Provision, Immigration Battle Heads to Supreme Court
- BEFORE YOU FIRE: 20 questions every employer should ask
- DOL Continues to Warn Employers of Investigation of Systemic FMLA Issues
- The Bathroom Dilemma in the News – Transgender Rights on the Front Page
- Policies Are A Start But Practice Makes Perfect
- House Passes Transportation Bill with Meal and Rest Break Implications
- Friendly Reminder: The Computer Employee Exemption
- Six quick takes on the EEOC’s new wellness proposal
- BREAKING: T.J. Simers awarded $7.1 million!
- Thumbs Down: NLRA’s Expansion in the Workplace Continues with Second Circuit Affirmance of Facebook “Like” Case
- President Obama Signs the 2015 Budget Act Increasing OSHA Penalties
- The NLRB Confuses with Ruling on Successorship Doctrine in Cases Where Worker Retention Laws Apply
- BREAKING: EEOC issues proposed rule on wellness programs and the GINA
- Straight from the source: EEOC’s 10 hottest litigation trends
- Can an Employer Require That an Employee Sign a Form Confirming He Took FMLA Leave for the Reason Provided (To Combat FMLA Abuse)?
- California Court Confirms that Employers Can Still Employ Unpaid Interns in Certain Cases
- T.J. Simers discrimination trial: At last, the “ethical breach”!
- Supreme Court to Resolve Circuit Split on OT Pay for Car Dealerships?
- Do Not Pass Go: A Company’s Uniform Compensation Policy May Be All That Is Needed To Get Free Money
- Denial isn’t just a river in Egypt – it may be defamation. Ask Bill Cosby.
- U.S Equal Employment Opportunity Commission: Recent Complaint Filings and Trends
- After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave instead of Being Terminated?
- Do we have to keep track of exempt employee time?
- Former NLRB Member Reemphasizes Confusion Created by Browning-Ferris Decision
- Mary Jane has come a long way, baby
- Will the Supreme Court Put a Nail in the PAGA Discovery Coffin?
- Just in Time for Halloween: Eighteen New California Laws Hold More Tricks Than Treats for Employers
- The FLSA and the Primary Duty: Classifying Employees Working Both Exempt and Non-Exempt Jobs
- Snowden Aftershocks: High Court Invalidates U.S. – EU Safe Harbor
- UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations
- The FMLA Marriage Penalty: When Spouses Work for the Same Employer
- T.J. Simers discrimination trial: Are you paranoid if they really ARE out to get you?
- NCAA Play for Pay? Ninth Circuit Rules Antitrust Rule of Reason Does Not Require Payments for ‘Name, Image, or Likeness’
- HR FUN PUZZLE: Find what the AARP did right with this underperforming employee
- What is the Cost of a Free Lunch?
- When a Manager Makes Even One Stupid Comment after an FMLA Request, the Employer Pays the Price
- Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?
- The NY City Commission Speaks – Be Careful in Claiming an Exemption from the NY City “Credit Check Law”
- EEOC wins most of discovery dispute in transgender case
- Park the Car in Hobart Yard: Lack of Secure Parking Certifies Class and Defeats Summary Judgment
- The Affordable Care Act: What’s Ahead?
- Eleventh Circuit Decision Weakens Injunctive Enforcement of Restrictive Covenants
- Is your Company a “Joint-Employer” under OSHA?
- Seventh Circuit Decision Drives Home Importance of Prudence in Communicating With Employees About Union Issues
- 11th Circuit “Tweaks” Test For Whether Interns Are Employees
- Accommodations Legalese: 5 Key Terms Every Employer Should Know
- Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices
- State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks
- And a happy #$%!&;!*! new year to you, too!
- What Companies Who Employ Independent Contractors Should Learn from Uber
- When terminating an employee, is a clean break better than a long limbo?
- Can an employee be fired for having too many kids?
- Paid Sick Leave Expands with President Obama’s Labor Day Executive Order
- Is Amazon the Scapegoat in the Debate on Employee Leave Entitlements? What’s the Lesson Here for Employers?
- Technology blunder lands ex-employee in court
- DOL Will Not Extend Comment Period on Proposed Regulations
- New Exception to the Illinois Minimum Wage Law
- At Will? What’s That?
- California Minimum Wage Bill Stalls in Legislature
- NLRB Imposes New “Indirect Control” Joint Employer Standard in Browning-Ferris
- The on-air shootings at WDBJ-TV: When bad things happen to good employees
- Reminder – Be Careful When Settling A Wage Claim
- Requiring an Employee to Return from FMLA Leave “Without Restrictions” or “Fully Healed” Is Playing with Fire
- Inability to Work Under A Particular Supervisor Is Not a Disability in California
- Sirius XM Settles Wage & Hour Class Action With Unpaid Interns
- Can employees trust Human Resources?
- A Cruise Aboard the Love Boat is Not Protected by the FMLA, Even When the Doc Says It’s a Good Idea
- The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald’s
- Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace
- Tide of Circuit Courts Finding Paid Suspension Is Not An Adverse Employment Action Grows
- Seems like this should be an excused absence.
- Fourth Circuit Rejects “Manager Rule” in Title VII Claims
- Is protected activity part of your job? You may still be protected.
- Recent Ruling in LGBT Case Another Reminder That Religion Cannot Justify Discrimination
- Beware State Wage and Hour Laws: Washington Supreme Court Upends Piece Work Calculations
- Issue Resolved: The Second Circuit Gives a Thumbs-Down to Private Settlements of Federal Wage and Hour Claims
- 5 ways employers can spend a lot less time in court
- Is it “disparaging” to say “Karma is a bi**h”?
- DOL and EEOC Explain How They Will Approach FMLA and Reasonable Accommodation Enforcement
- What’s the Alternative?
- Lessons from Deflategate: 5 Ways to Avoid Workplace Investigation Fumbles
- Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability”
- How much, er, discovery is allowed in a transgender lawsuit?
- Six things about the ADA that even an employer can love
- Mental Stability At Work: an Assessment
- Can Employers Offer Compensatory Time to Exempt Employees?
- New Developments in Protections for LGBT Workers
- Wage and Hour Basics Series: The “Fee Basis” and the Proposed FLSA Regulations
- Employment law autopsy: “Old fart” gets fired
- The First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors
- New York Wage Board Recommends Minimum Wage of $15 per Hour for Fast Food Workers
- Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings
- EEOC Rules Discrimination Based on Employee’s Sexual Orientation Is Sex Discrimination Under Title VII
- What All Employers Can Learn from Ellen Pao’s Resignation from Reddit
- DOL Outlines New “Economic Dependence” Test for Independent Contractors
- California Governor Signs Paid Sick Leave Amendment—Effective Immediately
- Need To Investigate Employee Misconduct While the Employee is on FMLA Leave? Follow This Employer’s Lead
- Common Sense Trumps NLRB, For Once
- Answering Your Questions about the New FLSA Regulations
- Restroom Rights—The New Challenge for Texas Employers
- Court Order Trumps Board
- The Unpaid Internship: Who “Really” Benefits from This Arrangement?
- Must an Employer Provide Intermittent FMLA Leave So An Employee Can Attend to an Autistic Child?
- The New FLSA Regulations: The DOL’s Actual Proposed Language
- Another Mini-Dukes Action Revived
- The DOL’s Surprising Conclusion about Employers in the New FLSA Regulations
- The Proposed Overtime Regulations: What They Say, What They Mean, and What To Do Now
- The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications
- The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No
- EEOC’s revised pregnancy guidance: Now, just barely more flexible!
- Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?
- The New FLSA Regulations: What Changed, What Didn’t, What’s Next for Employers
- A Cautionary FMLA Tale: “Let Them Fix It Before Firing” Must Employees Now Be Allowed to Cure Deficient Medical Certifications?
- Supreme Court Once Again Saves the ACA: Rules Yes on Tax Credits For Purchasers From a Federal Exchange
- Employers, you’ll never pooh-pooh the GINA again
- “Ambush” Election Challenge Fails in Federal Court
- It’s Not All “High” in the Rockies – Colorado Supreme Court Finds That Employees Can Be Fired For Use of Medical Marijuana
- New York Rejects Florida Non-Competition Law As Against Public Policy
- Harassment “must-have” no. 5: No retaliation!
- Barbara Hoey Comments on Pao/Kleiner Perkins Lawsuit on Bloomberg West
- California and Massachusetts Employers—Mark Your Calendars for July 1
- DOL Wage and Hour Division to “Clarify” FLSA Independent Contractor Definition
- Colorado Supreme Court Upholds Termination of Employee for Medical Marijuana Use
- Supreme Court Takes Aim at FLSA Class, Collective Actions
- Hijabs, the Supreme Court, Diversity Discomforts, and the Workplace: How Employers Should Use Their Heads to Minimize Liability
- If Your Employee Checks into the Hospital After Midnight, Is It an “Overnight Stay” under the FMLA?
- Harassment “must-have” no. 4: The Determination
- Tips for Lawfully Hiring Teenagers for Summer Jobs in California
- Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision
- Yet Another Municipal-Level Paid Sick Leave Measure Passes in California
- Determining When a Commission is “Earned” When Calculating the Regular Rate
- GINA and the Case of the “Devious Defecator”
- “Must-haves” for your harassment investigation
- Even for Hourly Workers, Calculating the “Regular Rate” Can Be Complex
- How Fowl! Is An Employee’s Text and His Girlfriend’s Report Enough to Establish Notice of Need for FMLA Leave? Not So Fast…
- Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters
- U.S. Supreme Court Holds That Retirement Plan Fiduciaries Have a Continuing Duty to Monitor Investment Options
- OSHA Issues Guidelines for Providing Restroom Access to Transgender Employees
- Uniforms, Dress Codes, and the FLSA
- Department of Labor Seeks Information about Employees’ Use of Smartphones
- Supreme Court Rules Employer’s Motive (Not Knowledge) Decides Disparate-Treatment Claims
- Tacoma is the Third Washington City to Mandate Paid Leave
- AAO Guidance Clarifies That Worker Mobility May Come at a Cost
- Five harassment “must haves” for employers
- New Out-of-Pocket Maximum Rule Affects Most Employer Group Health Plans
- Moving Exempt Employees to Non-Exempt Status
- Female lawyer plays the “V” card, wins $500 sanction
- Should Employers Guess Their Applicants’ Religion? SCOTUS Expected to Face Accommodations Issues Head On
- DOL Publishes New FMLA Forms – Good Through May 2018
- CA Supreme Court Agrees to Consider Whether Health Care Workers Can Lawfully Waive a Second Lunch Period
- Probability, manipulation, and random drug testing
- New York Attorney General’s Office Demands “On Call Shift” Information From Retailers
- The Trend Continues: Los Angeles City Council Tentatively Approves Citywide $15 Minimum Wage and Proposes Sick Leave Ordinance
- Employers can still ‘just say no’ to recreational marijuana even where legalized under law
- Massachusetts AG Announces Safe Harbor Delaying Full Implementation of New Earned Sick Time Law for Some Employers
- EEOC Officials Field Pointed Questions During Senate Committee Hearing
- Update on EEOC Transgender Litigation
- Senators Urge President to issue “Model Employer” Executive Order
- EEOC Issues Long-Awaited Proposed Rule on Employer Wellness Programs
- Is this new harassment decision the end of the world for employers?
- Supreme Court Declines to Hear Severance Agreement FLSA Collective Action Waiver Case
- Federal Court Limits Employer’s Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC’s Rights on Discoverability
- Governor Cuomo Seeks to Increase New York Minimum Wage for Fast Food Workers
- Even If You Don’t Give Manicures – What All Employers Can Learn From Nail Salons
- DOL Burdens Davis Bacon Contractors With Employee Lodging Costs
- Proposed Regulations Shed Light on Unanswered Massachusetts Sick Leave Questions
- Federal Courts Now Have the Authority to Review Whether the EEOC has Satisfied its Duty to Attempt Presuit Conciliation
- When is a Background Search not a Background Search?
- NLRB Sticks To D.R. Horton
- Can we stop with the age-based stereotypes?
- Pay Versus Performance: SEC Proposal Will Keep Executive Compensation Hot
- Proposed overtime rule has been sent to OMB
- Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints
- California Confectioner Defeats Worker’s Age Discrimination Claim
- FLSA Trends: A Mixed Bag with a Silver Lining
- Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation
- DOL Sends New FLSA Regulations to OIRA for Final Review Before Draft Publication
- California Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations
- EEOC rolls out “Digital Charge” program for private employers
- Can Employers Refuse to Cover Spouses?
- Wage and Hour Basics Series: Penalties for FLSA Non-Compliance
- Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII
- Did he quit, or was he fired? Constructive discharge quiz!
- Supreme Court Holds that EEOC Conciliation Efforts in Title VII Claims Are Subject to Limited Judicial Review
- Report on Last Night’s DOES “Business Stakeholders Meeting” on DC Wage Theft Act
- Supreme Benchslap for EEOC
- Department of Labor Says “Transparent Government” Begins With…Transparent Data about Businesses?
- Preventing Wage Secrecy in DC: Another Layer to the Regulatory Cake
- EEOC Commissioner Offers Helpful Guidance to Employers on Providing Accommodations to Pregnant Employees
- After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim
- The New Wave of Data Breach Settlements
- Hey – that EEOC wellness rule isn’t half bad
- Reimbursing Employees for Business Expenses: The FLSA Kickback Rule
- EEOC transgender case in Detroit will go forward
- NYC Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions
- New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”
- A “Common Sense” Victory for Employers – The Ford Telecommuting Decision is Reversed
- Some Additional Thoughts on “Half-Time” Overtime: The Fluctuating Workweek Method
- OSHA Request for Information on Communication Tower Safety
- DOL Proposes New Regulation Governing When Financial Advisors Are Subject to Fiduciary Requirements
- Is Telecommuting a Reasonable Accommodation, Or Is It Not?
- Will EEOC’s New Wellness Regulations Make You Sick?
- Don’t Go Break-rooming My Heart
- “Half-Time” Overtime: The Fair Labor Standards Act’s Fluctuating Workweek Method
- EEOC Issues Proposed Rule Addressing ADA Compliance and Wellness Programs
- Employers Can Decide That Physical Presence at the Workplace is an Essential Function
- Knock Knock Knockin’ On Employers’ Doors: DC’s “Zip Code Project” to Search Your Office
- House and Senate Lawmakers Introduce Last-Ditch Legislative Efforts to Thwart NLRB Election Rule
- 9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA
- Implied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers
- Unreasonably Sporadic Telecommuting
- DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States
- Germanwings Tragedy Highlights Important Mental Health Considerations for Employers
- When Paying Accrued “Vacation” at Termination, Labels Don’t Matter
- Does FMLA Cover In Vitro Fertilization? Does It Matter if Dad’s Sperm is to Blame?
- New Rule Establishes “Place of Celebration” Definition of Same-Sex “Spouse” for FMLA Coverage Purposes
- The NLRB’s General Counsel Issues Guidance on the New Accelerated Election Rules
- OSHA Issues Updated Guidelines for Preventing Workplace Violence in Healthcare and Social Service Settings
- Virginia Is “Banning the Box” Now Too, at Least for Some Employers
- The Seventh Circuit Further Clarifies FLSA Overtime Exceptions…For Window Washers
- A Single “Hitler” Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit
- Lesser Known Exemptions: The “Ministerial” Exception to the FLSA
- DC Employers Must Now Reasonably Accommodate Pregnant Employees
- The EEOC is Cracking Down on Workplace Wellness Programs
- The Religious Freedom Restoration Act (RFRA) and Wage and Hour Law
- SEC Brings First Enforcement Action Targeting Language Contained in Confidentiality Agreements
- Massachusetts’ Expanded Parental Leave Law Goes into Effect Next Week
- California Legislature: First out of the Starting Gate
- A Court Abandons Horton
- Texas Judge Imposes Temporary Halt on Enforcement of New FMLA Same-Sex Couple Rules
- “Sharing Economy” Jobs Share Same Independent Contractor Issues as “Regular Economy”
- A Victory for Kleiner Perkins Should Still be a Red Flag for All Employers – “It’s All About Your Culture”
- Supreme Court Rejects EEOC Guidance on Light Duty Assignments for Pregnant Employees
- Captain Obvious Issues Most Obvious FLSA Decision of 2015 (So Far…)
- What Hillary Clinton’s Use of Bring Your Own Device at Department of State Means for Protecting Your Trade Secrets
- Exempt or Not? Service Advisors
- NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules
- What’s Good for the Goose Is Good for the Gander: The Supreme Court’s Decision in Young v. UPS
- Pregnancy Not So Favored
- Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online
- NLRB’s Handbook on Handbooks
- DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities
- Will Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision
- Email Once Again Shows its “Ugly” Side
- Maryland Appeals Court Casts Doubt On Forum Selections Clauses in Wage Payment Disputes
- No Such Thing as “No Harm, No Foul”?
- Stating the Obvious
- Why the “Epidemic” of FMLA Lawsuits?
- Do You Have to Guess?
- Fifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim
- The Dangers of Consent
- Union Organizing Made Easy: Employers’ E-mail Systems Can Now Be Used to Facilitate Union Solicitation
- 61,000 Reasons to Hate FLSA
- Department of Labor Issues its Final Rule for SOX Whistleblower Complaints
- Amendments to D.C. Accrued Sick and Safe Leave Act Creates New Hurdles for Employers
- Fleet-Footed Investigations and Prompt Remedial Action: The New Normal
- OSHA Issues Controversial Procedures to Deal with New Reporting Requirements
- Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence
- Being on Call in California Does Not Impede on Rest Breaks
- Joint Subcommittee Hearing Examines Impact of Contractor “Blacklisting” Executive Order
- What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?
- White House and DOL Begin Revised Fiduciary Rule Marketing Campaign
- 2014 – A Record-Setting Year for Whistleblowers
- IAML Faculty Member Tom Schendt Named “Client Service All-Star” by BTI Consulting Group
- China: The Amended Workplace Safety Law Has Significant Implications for Employers
- The Federal Minimum Wage for Tipped Employees – Is a Raise in Store?
- Federal Paid Sick Leave Bill Reintroduced
- Effective Inclement Weather Policies – Top 10 Factors to Consider
- NLRB Subpoena Benchslap
- Tread Carefully When Implementing a Reduction in Force
- California Employers Need Not Relieve Employees of all Duties During Rest Breaks, According to Court of Appeal
- Senate Hearing Focuses on Definition of Joint Employment
- What to Expect When Your Male Employee Is Expecting: Massachusetts Replaces Maternity Leave Act with Parental Leave Act
- New Standards for Vesting of Retiree Medical Benefits in Collective Bargaining Agreements
- Teen Posing as Physician Raises Security Concerns for Healthcare Employers
- What Are the Top Five Trends for Global Employers to Follow in 2015?
- Martial Arts & Legal Ethics
- Alcoholism Still “Current” After 1 Week
- Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case
- The Cyber Security State of the Union: Obama Commits “to Protect a Free and Open Internet”
- Supreme Court Rejects Analysis of Duration of Retiree Benefits As Contrary to Contract Law
- Facebooker–Good Citizen or Fired?
- Ringing in the New Year with Four Ban-The-Box Laws
- Senate Hearing Discusses Affordable Care Act Definition of “Full-Time”
- Employer Violated Wisconsin FMLA When it Terminated Unauthorized Worker who Took Medical Leave
- The Immigration State of the Union: Obama Declares “We’ve Got a System to Fix”
- DC’s Amended Wage Theft Prevention Act Expands Employer Penalties and Imposes New Notice Requirements
- New Year’s Resolutions for the California HR Manager
- Employee’s Failure to Participate in Interactive Process Dooms ADA Claim
- FLSA Minimum Wage, Overtime Lawsuits Smash Records in 2014, Sharp Growth Continues
- President Obama Pushes Employers to Provide Paid Leave to Their Workers; What is the Impact on Employers?
- Federal Court Vacates Second and Final Major Provision of the Department of Labor’s Home Care Rule
- President Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days
- Wage and Hour Basics Series: The FLSA Overtime Exemptions
- Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price
- No Lullaby for Employers: California Supreme Court Finds Sleep Periods Considered ‘Hours Worked’
- No Names Please
- Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015
- An Update on the Epidemic: California’s Statewide Paid Sick Leave Law
- Inconsistent Application of Policy Dooms Meal and Rest Break Class Claims in California
- Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus
- FMLA FAQ: How Do I Calculate FMLA Leave Where My Employee’s Work Schedule Varies From Week to Week?
- Retail Chain Establishments Face New Wage-and-Hour Requirements in San Francisco
- Department of Labor, Trucking Industry Big Winners in Congress’s CRomnibus Bill
- Delegation: Ask Permission, Beg Forgiveness, or Practice “Per-Giveness”?
- Minimum Wage Hikes Hit 21 States
- Key Changes to New York’s Wage Theft Prevention Act Become Law
- The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor’s Notes for Intermittent FMLA Absences Among Most Popular Posts This Year
- What Do Employers Need to Know in the Wake of the Latest Data Breach?
- The Pay Period Leap Year: Handling an Extra Pay Period in 2015
- CMS Keeps the Carrot Small for Whistleblowers
- Santa Gives EEOC a Gift – For Now
- Is An Employer Required to Pay a Prorated Amount of Annual Bonus after Employee Takes FMLA Leave?
- Adventures in Rounding: What if the “Rounding” Doesn’t Happen at the Time Clock?
- New Federal Spending Bill Includes Extensive Pension Related Provisions
- DOJ Changes Position on Gender Identity, Transgender Bias
- Ninth Circuit Reverses Course in ERISA Case
- The Affordable Care Act and Staffing: One Size Does Not Fit All
- FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers’ Shrieks Heard Across the Country
- Not Every Employee is Covered by the FLSA, But You’re Not Off the Hook Just Yet
- ACA Outlook: What Will 2015 Hold for the Affordable Care Act and Employers?
- NLRB to Re-Hear Labor Arbs
- Time Tips: Gifts That Keep on Giving – Holiday Gifts for Colleagues
- Tardy-From-Home
- Worker Failed to Show Pretext Following Contract Nonrenewal
- Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)
- Yule Time Tips: Holiday Gifts Under Increasing Scrutiny
- NLRB Creates Right to Use Corporate E-Mail to Organize and to Complain About Work: Ten Key Implications for Employers
- NLRB Follows Expected Course, Adopts Highly Controversial “Quickie Election” Rule With Sweeping Changes to Union Election Procedures
- How Does the “Cromnibus” Bill Impact Employers?
- Will the Administration’s Deferred Action Directives Bring a New Wave of Class Actions?
- IAML Faculty Members Bryan Stillwagon and John Wymer Named To List of Legal Elite
- NLRB “Modernizes” Procedures
- Employees May Use Email For Union Activity
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- Getting Back to Business: What Is the “New Normal” When Employers Re-Open?
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- Virtual Certificate in Essentials of Human Resource Management Seminar (Block 2)
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