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.
In late December 2022, Congress passed—and President Joe Biden signed—a spending bill that included two laws expanding rights for pregnant and nursing employees. One of the laws, the Pregnant Workers Fairness Act (PWFA)...
A new year has started, and that means new minimum wage rates. New rates went into effect on January 1, 2023, in Minnesota, Nebraska, and South Dakota. Minnesota Every year, the Minnesota Department of Labor and Industry...
The proliferation of remote work has created new and strong incentives for employers to invest in tools that make it easy to electronically monitor employees. This prompted National Labor Relations Board (NLRB) General...
The National Labor Relation Act (NLRA) permits the National Labor Relations Board (NLRB) to award damages to employees that put them in the financial position they would have been in if no violation had occurred. This is...
The Consolidated Appropriations Act—signed into law by President Joe Biden on December 29, 2022—enacted two laws providing protections to pregnant women and nursing mothers in the workplace: the Pregnant Workers Fairness...
Q: Can we require independent contractors to complete the same training as employees take (e.g., antiharassment or safety training)? Under the Internal Revenue Service (IRS), Independent Contractor classifications hinge...
On December 9, 2022, the Texas Supreme Court gave an early holiday gift to Texas employers when it resolved a pretrial, fact-finding issue. As the court put it, “Quite unsurprisingly, discovery (i.e., pretrial exchange...
You worked so hard on your arbitration agreement and its rollout. It required a lot of time, effort, and money. After it’s been implemented, a discrimination lawsuit is filed against you in federal court by an employee...
It’s not uncommon for employers to provide benefits to new hires, such as signing bonuses or specialized training, on the condition that the employee repay the bonus or expenses or otherwise be responsible for the cost...
It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the...
In this post-COVID-19 era of the Great Resignation and “quiet quitting,” one of the newest ideas for attracting and retaining employees is one that was usually limited to professors in higher education: the sabbatical. A...
It can be confusing when an employee lives in one state but works in another and then seeks unemployment benefits after termination. In which state should she file? A recent case before the Arkansas Court of Appeals...
Holidays mean time off from work to celebrate with family and friends. But for many people, the holidays are filled with tension. Although holidays themselves can be exhausting and stressful, your holiday policy should...
There’s no doubt that technology has revolutionized the workplace and improved business operations and efficiency. The rise of remote work during the COVID-19 pandemic has made certain technologies, such as automated...
Employers might believe having comprehensive antiharassment and antidiscrimination policies will save them from lawsuits, especially when they can show employees explicitly read and acknowledge them. This recent ruling...