by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
On August 30, 2023, the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued a notice of proposed rulemaking regarding 29 CFR part 541, which governs compensation for exempt employees under the Fair Labor...
The Pregnant Workers Fairness Act (PWFA)—passed by Congress and signed by President Joe Biden in late December 2022—requires employers to provide reasonable accommodations for medical conditions related to pregnancy and...
On September 6, 2023, New York Governor Kathy Hochul signed into law a bill that amended the New York Penal Law (NYPL) to make wage theft criminal larceny. Changes to the penal code Section 155 of the NYPL provides that...
On September 6, 2023, New York Governor Kathy Hochul signed into law a bill that prohibits employers from forcing employees to attend meetings or listen to communications where the “primary purpose” of such gatherings or...
If you run a business, you’ve probably encountered arbitration clauses. These contractual provisions require parties to resolve disputes in private proceedings instead of court and are celebrated as a cost-effective...
In August 2023, the Department of Homeland Security (DHS) announced a new regulation making permanent the I-9 flexibility regulations but only for employers that enrolled in E-Verify. Moving forward, if employers want to...
Employers using time clocks frequently round time to the nearest quarter or tenth of an hour. This is permissible as long as it averages out that the time rounded down is offset by the time rounded up. However, the U.S...
Think over the policies in your handbooks. Do you have one that requires workplace civility (“Thou shalt not be disrespectful or insubordinate to thine coworkers or supervisors”)? Or one that requires employees to keep...
Human resources professionals understand the risks involved in making public announcements about the reason for an employee's termination. These considerations normally counsel a policy to remain tight-lipped about an...
The use of artificial intelligence (AI) in the recruiting and hiring process has seen increased popularity in recent years. Many businesses—seeking to lower hiring costs and also reduce potential discrimination claims...
Pregnant workers have certain protections under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), but gaps remain. The Pregnant Workers Fairness Act (PWFA) aims to close the gaps and...
In March of this year, I provided you with basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. Since the publication of my...
Last year, President Joe Biden signed into law far-reaching retirement plan legislation known as the SECURE 2.0 Act that includes many new rules for employers and their qualified requirement plans. The IRS recently...
When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s...
The National Labor Relations Board (NLRB) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by the...