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.
When determining how to compensate nonexempt employees, employers have a variety of options. Paying an hourly rate is certainly the most common, but other methods include salary, commissions, daily rates, and piece-rate...
The U.S. Department of Labor (DOL) recently issued an opinion letter regarding permanent Family and Medical Leave Act (FMLA) leave and how it affects employers. ‘Indefinite period of time’ On February 9, 2023, the DOL...
Pregnancy discrimination is currently prohibited under the Pregnancy Discrimination Act (PDA)—which modified Title VII of the Civil Rights Act of 1964—and under the Americans with Disabilities Act (ADA). Employers need...
In a recent decision, the National Labor Relations Board (NLRB) under President Joe Biden reversed two decisions issued by the Trump Board that had permitted fairly broad confidentiality and nondisparagement provisions...
For several years there has been a move to narrow or potentially eliminate noncompete clauses in employment contracts. Various states have imposed a variety of limitations, including prohibiting the process of blue...
When COVID-19 sent many workers home and left once-bustling office space eerily empty, most people considered the work-from-home arrangement temporary. But as the pandemic dragged on, both employees and employers found...
An article in the March issue of West Employment Law Letter provided helpful insights into the advantages and disadvantages of requiring employees to sign arbitration agreements following a banner year of jury verdicts...
The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently revisited its articulation of the “cat’s paw” theory in supporting a claim that adverse employment...
Numerous diverse tasks fall on HR professionals and lawyers. Getting people to say what’s really on their minds is an art. So, to that end, here are three techniques to consider using. Technique #1: Toss asking, ‘How...
Age discrimination is as hard to prove as it is to avoid. The nagging worry among workers, especially those in their 50s and 60s, has intensified because of the turmoil in the workplace sparked by COVID-19. As the...
With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that remote workers may be eligible for leave under the Family and Medical Leave Act (FMLA). A bulletin issued in...
As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters...
Some employees are complainers, and you might be inclined to respond with a snide comment or a knowing side glance to a friend. Similarly, you may have strong grounds for termination and are not overly bothered by...
Lawmakers in both Washington, D.C., and in Sacramento have introduced legislation to change the definition of a standard workweek from 40 hours to 32 hours. Similar proposals have stalled in the past on both the national...
A devout Jehovah’s witness refused to take the loyalty oath demanded by the California Office of the State Controller and sought a carve out for her beliefs in the supremacy of god and in pacifism. Did she have a prayer...