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Employment Law

OK to revoke job offer for false application

12/20/2019
When you find a promising candidate for an opening, make your offer contingent on passing a background check. If that investigation reveals disturbing information such as including false information on the application, you may revoke the offer.

More states put limits on noncompete agreements

12/19/2019
This past year saw the passage of several new state laws that restrict employers’ use of noncompete agreements, including five states that banned employers’ use of noncompete pacts for certain low-wage employees.

Transient injuries don’t usually trigger ADA

12/19/2019
In order to claim coverage under the ADA, a worker must show that he has a “physical or mental impairment that substantially limits one or more major life activities.” Generally, most temporary conditions don’t qualify, even though they may be considered serious health conditions under the FMLA.

NLRB gives back email control to employers

12/19/2019
The National Labor Relations Board on Dec. 17 reestablished the right of employers to restrict employee use of company-owned email for purposes unrelated to work, striking a blow against labor unions.

Flu days and the FMLA don’t always go together

12/19/2019
According to the Department of Labor in an opinion letter to an inquiring employer, you can require employees to take unpaid FMLA leave, even if they’d rather use paid sick leave.

Review disciplinary records to uncover hidden supervisory discrimination

12/18/2019
Before discharging an employee for violating a rule, make sure that he or she really did commit an infraction. Be particularly alert for the possibility that a supervisor might have tried to manipulate the rules to get an employee to break one.

DOL’s new regular rate of pay rule makes OT more affordable

12/17/2019
The Department of Labor delivered an early holiday gift to employers on Dec. 12, releasing final regulations on how to calculate the regular rate of pay on which overtime pay is based.

McDonald’s win in NLRB joint-employer case

12/17/2019
McDonald’s must pay $250,000 to be split between hundreds of workers who claim they were assigned harder work and inconvenient shifts after they joined a 2014 protest organized by the Fight for $15 worker advocacy group.

New overtime regulations may affect 401(k) plans

12/12/2019
If you reclassified some FLSA-exempt employees as nonexempt this year—thanks to the new overtime salary-level regulations that are scheduled to kick in Jan. 1—be aware that this could impact your 401(k) and health plans.

Ignore man’s harassment claim at your peril

12/12/2019
About 16% of all sexual harassment complaints the EEOC receives each year are filed by men who claim women harassed them at work. As this case shows, ignoring female-on-male harassment can be costly.