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Employment Law

Witnessed wrongdoing? Here’s what to do

03/15/2023
Knowing how to respond to misconduct before you face it is essential for your long-term career and peace of mind.

FTC extends comment period on proposed noncompete ban until April 19

03/13/2023
The Federal Trade Commission has decided to continue accepting public comments on its proposed rule to prohibit employers from requiring employees to sign noncompete agreements. The revised deadline for submitting comments is now April 19, a one-month extension.  

Keep it Legal: Tread carefully when monitoring employees

03/10/2023
With rapid advances in technology, monitoring the workplace has become easier and cheaper. It’s no longer just cameras in common areas. Now it’s possible to examine productivity measures like keystrokes taken during a shift and out-of-office activity through vehicle location or company-issued cell phones and laptops. But there are definite areas managers should be aware of—and legal implications to keep in mind.

Requiring employees to return to the office: The next ADA accommodation battleground?

03/10/2023
With the emergency COVID declaration set to end in May, Disney CEO Bob Iger had decreed that almost all the company’s remote and hybrid workers had to return to the office four days per week beginning March 1. Iger argues that on-site work is essential to maintaining the company’s creative edge.

Employers win California battle over mandatory arbitration

03/10/2023
Call it a victory for employers that use arbitration agreements to quickly resolve workplace disputes without lengthy court battles and potential runaway jury awards. A federal appeals court has overturned a California law prohibiting employers from requiring employees to sign arbitration agreements. The ruling could mean similar laws in other states may be invalidated, too.

Respond to shifting burdens of proof in discrimination lawsuits

03/06/2023
Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test is often referred to as the McDonnell-Douglas burden-shifting test.

Feds announce major crackdown on child labor

03/03/2023
The U.S. Department of Labor and the Department of Health and Human Services on Feb. 27 announced a new interagency effort to combat child labor and exploitation. One of the primary tactics they will use: strict enforcement of employer compliance with the rules for completing I-9 forms.

Be prepared to explain pay disparities

02/27/2023
It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

Think twice before closing down to stop union organizing

02/27/2023
Employers that fear the spread of union-organizing efforts might be tempted to shut down the location that first votes in favor of union representation. That strategy can backfire. The shutdown is sure to prompt employees to file unfair labor practices charges with the National Labor Relations Board, which is quite likely to order the employer to reopen.

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

02/24/2023
The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.