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.
Q: Our company is expecting to start a new business line. Should we revisit our policies and procedures? The fact your company is setting up a new business line doesn’t mean you must revisit the company’s policies and...
Pregnant workers are currently protected under various acts including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act of 1993 (FMLA), and the...
The 94th Arkansas General Assembly adjourned on April 7. Any bills that weren’t passed and sent to the governor for signature therefore won’t be enacted into law. HB 1006: Mandating paid maternity leave in certain...
Q: For nonexempt, hourly employees who don’t have access to the time clock during the day (they’re delivery drivers), how should we handle their meal breaks? Can we automatically deduct 30 minutes from their hours...
Recently, a CEO of a certain furniture company went viral after telling her employees, on a recorded videocall, to “leave Pity City” regarding their bonuses being cancelled. While the video may leave you scratching your...
In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or...
Q: Two of our employees were scheduled to return to work, but we haven’t heard from them, and neither has responded to our emails. At what point can we fire them for job abandonment? Assuming they’re at-will employees...
On March 6, 2023, the new Intermediate Appeals Court of West Virginia (ICA) issued the state’s first opinion on the compensability of a claim for contracting COVID-19. Facts Brittany Foster was employed by a company that...
Employers looking to use severance plans when conducting layoffs should heed the lessons learned in a recent decision from the U.S. 4th Circuit Court of Appeals (whose rulings apply to all employers in West Virginia...
In 2016, the U.S. Department of Labor (DOL) sought to implement regulations to increase the salary threshold for the Fair Labor Standards Act’s (FLSA) “white collar” overtime exemptions from $455 to $913 per week. The...
In a case that helps employers understand what a “reasonable accommodation” is, the U.S. 11th Circuit Court of Appeals, which covers Alabama, Florida, and Georgia, recently affirmed a lower court’s decision to dismiss a...
On March 31, 2023, the U.S. District Court for the District of New Jersey granted an employer’s request for dismissal, rejecting a former employee’s allegations of discrimination and retaliation under the Family and...
On March 31, 2023, the U.S. District Court for the District of New Jersey imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous second amended complaint. The case serves as an important...
Previously, we addressed a recent decision from the National Labor Relations Board (NLRB), which reversed Trump era decisions permitting fairly broad confidentiality and nondisparagement provisions in severance...
Recently, the Minnesota House passed HF100, a bill that would legalize recreational marijuana in the state. It still needs to pass the Senate and be signed by Governor Tim Walz before it becomes law, but the governor...