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Employment Law

Nonunion workforce? How union rules could still trip you up

02/01/2024
The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

As Valentine’s Day approaches, review policies addressing sexual harassment

01/31/2024
With February comes Valentine’s Day, as good an excuse as any to review your company communications policies so employees understand there are limits on how, where and when they can embrace the spirit of romance at work.

Prepping for DOL’s new employee/contractor rule? Call your lawyer first!

01/26/2024
The Department of Labor’s recently released final rule on employee/independent contractor classification is scheduled to take effect March 11. Maybe it will, maybe it won’t. A lawsuit has already been filed to stop the DOL from enforcing the rule, and more litigation could be coming. However, it’s smart to plan now to begin complying with the rule’s six-part economic realities test to determine whether a worker is an employee or an independent contractor.

With election heating up, beware immigration-related harassment

01/26/2024
The 2024 election year is in full swing and some of your employees are bound to have strong opinions on major issues politicians are running on. One topic certain to figure heavily is immigration. For employers, there is a real risk that anti-immigrant harassment could infect workplaces. HR pros have an obligation to put a stop to it.

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024
Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.

Develop a process for extending FMLA leave

01/26/2024
Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.

Takeaways from the DOL’s worker status rule

01/22/2024
The Department of Labor released its final rule on workers’ status as employees or independent contractors a couple of weeks ago. The rule, which becomes effective March 11 (pending litigation, of course), restores the DOL’s six-part economic realities test, with an eye toward the modern economy. This rule was never meant to upset the apple cart. But some apples will fall by the wayside. Here are some things to think about now.

DOL offers employee/contractor rule guidance for small employers

01/22/2024
The Department of Labor has posted a suite of resources to help small employers navigate the complexities of complying with the recently issued final rule on employee and independent contractor classification.

Critics—and now a lawsuit—blast DOL’s final employee/contractor rule

01/22/2024
Organizations representing business interests reacted quickly to denounce the Department of Labor’s new final rule on employee and independent contractor classification, even as the first lawsuit challenging the rule was filed.

Beware bad-mouthing effective employees after they request accommodations

01/22/2024
Always keep an eye on the optics of the employment-related actions your organization’s managers take and the decisions they make. Suddenly criticizing an employee who recently sought a disability accommodation, for example, is not just a bad look; it could also trigger a costly lawsuit.