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.
The U.S. Supreme Court recently heightened the standard for what qualifies as an “undue hardship” for religious accommodations required under Title VII of the Civil Rights Act of 1964, making it easier for employees to...
Q: If our employees are eligible for Family and Medical Leave Act (FMLA) leave for childbirth, do they get both 12 weeks of federal leave and the additional state maternity leave? The FMLA requires employers to provide...
Q: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)? An employer should always be aware of state and federal...
Q: We have an employee whose dexterity and reaction time has been declining over the past few years, which led to an injury for which she filed a workers’ compensation claim. We are concerned about her health and safety...
Judges and courts enforce antidiscrimination and retaliation laws, but are they ever accused of violating those laws themselves? That’s exactly what was alleged in a recent case from the U.S. 10th Circuit Court of...
Many individuals—and all businesses—have intellectual property. This includes everything from names and brands, to inventions, software, and works of art. Too often those assets go unprotected. As companies prepare to...
Recently, the West Virginia Supreme Court of Appeals ruled that under the Business Liability Protection Act, employers can’t keep employees from storing legal firearms inside of their locked vehicles in the parking lot...
Two North Carolina businesses that were sued by the Charlotte office of the U.S. Equal Employment Opportunity Commission (EEOC) have reached settlements that involve monetary and nonmonetary concessions. These...
On August 2, 2023, the Biden National Labor Relations Board (NLRB) continued to roll back the precedents it set under the Trump Administration. In this case, the Board reversed a 2017 decision that addressed how to...
New York State recently amended its Worker Adjustment and Retraining Act (WARN Act) to provide greater employee protections. Employers in New Jersey and other surrounding states should take notice, especially if they do...
On July 21, 2023, the New Jersey Department of Labor and Workforce Development (Department) issued long-awaited guidance regarding the Temporary Workers Bill of Rights Act. Certain provisions of the Act took effect on...
On June 20, 2023, the New York State Assembly passed a bill to make noncompete agreements unlawful. The New York State Senate previously passed the bill’s counterpart. Together, the bills aim to prohibit noncompete...
On July 24, 2023, Governor Phil Murphy signed into law Assembly Bill 4682/Senate Bill 2389 protecting nonmanagerial and professional service workers who work at eligible locations from sudden and unexpected loss of...
On June 13, 2023, in a 3-1 decision, the National Labor Relations Board (NLRB) overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision, the...
As the end of the year nears, employees’ memories of summer vacations may be giving way to plans to schedule time off for the holidays. While some workers are diligent about planning the time off they need to avoid...