Q What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt...
Employment Law Letter
Some of you use arbitration to resolve workplace disputes with your employees or are considering it. Here are two recent cases from the U.S. Supreme Court (SCOTUS) interpreting the Federal Arbitration Act (FAA) and/or...
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What is prohibited? Effective January 1, 2024, employers are prohibited from...
Q How many years do we need to keep new hire drug screens and worker’s compensation documents? In Wisconsin, there are different retention periods depending on the type of employment documents at issue. In general...
With the prolific numbers of wage and hour class action cases being filed in California, employers often seek ways to minimize their participation and reduce potential liability. In one case, an employer sought to obtain...
In a fairly straightforward sexual harassment case, the court of appeal took the opportunity to issue a pair of important points of procedure. First, it took issue with the trial judge, who used an outdated standard for...
One of the basic rules of trial evidence is that you can’t argue to a jury that a party is just a bad person who is dishonest and shouldn’t be believed. That form of “character assassination” is precluded precisely...
The ability to pump breast milk in the workplace is protected by the Fair Labor Standards Act (FLSA). In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the...
Q To be compliant with the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, the law states there must be a water source. Must this water source be in the same room as the designated space, or is...
The Texas Legislature is in special session and decided to enact a law, which Governor Greg Abbott is promising to sign, that bans the use of COVID-19 vaccine requirements by private employers. Details First, the law...
Q Minimum wage is going up to $17.20 per hour for federal contractors on January 1, 2024. Does this require interns to be paid at the federal minimum wage rate, as well, or are they an exception? The Executive Order...
In September 2023, the Idaho Supreme Court held that the exclusive remedy rule of Idaho’s workers’ compensation law doesn’t shield independent contractors from lawsuits filed by injured employees. Exclusive remedy rule...
Email is woven into our work lives. It’s important, and we should treat it as important, so we need to take a minute to think about making it more effective. Here are three suggestions. Suggestion No.1: Respond Somewhere...
The holiday season and corresponding celebratory shenanigans will soon be upon us. This means many employers may be facing the question “What do we do when someone brings their party to work?” This article covers the...
Q One of our managers has been out on short-term disability (STD), but he didn’t apply for Family and Medical Leave Act (FMLA) leave. If he returns three days per week, can we apply FMLA leave to cover the other two days...