Employment Law

Apply leave policy equally to all employees

08/13/2021

You probably have a well-defined leave policy that gives employees time off for vacations, illness and tending to personal business. Whether you provide separate pots of leave or lump it all into paid and unpaid time off, your leave policy must treat all employees equally.

Transfer accused harasser, not alleged victim

08/13/2021

When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Infrastructure legislation notable for what’s not in it

08/10/2021

The massive infrastructure bill moving through the U.S. Senate would provide $1.2 trillion to build and repair roads, bridges and tunnels; modernize the nation’s utilities; expand broadband coverage; and address climate change. One thing it won’t do: Advance the Protecting the Right to Organize Act.

It’s official: DOL pulls plug on joint employer, contractor regs

08/03/2021

The Department of Labor has officially rescinded two Trump administration regulations that would have redefined joint employment and the distinction between employees and independent contractors.

DOL plans to explore raising exempt overtime threshold again

08/03/2021

The Department of Labor has confirmed it is reviewing the exemptions of executive, administrative and professional employees from the overtime requirements of the Fair Labor Standards Act.

Long covid may be an ADA-covered disability

08/02/2021

Some people suffer for months with brain fog, joint and muscle pain, difficulty breathing, being unable to smell or taste and any number of other conditions.

Manage FLSA basics: minimum wage and OT

07/29/2021

Managing a restaurant is tough these days. Staffing is next to impossible. Wages are rising. New covid-19 safety rules have added layers of extra costs. Those are just the new complications. But all the old requirements remain, too, such as complying with the wage-deduction and overtime rules covered by the Fair Labor Standards Act.

PRO Act gets Senate hearing as unions gain political traction

07/27/2021

The Protecting the Right to Organize Act—pro-union legislation that has already passed in the House of Representatives—was the topic of a lengthy July 22 hearing by the U.S. Senate Committee on Health, Education, Labor and Pensions. The hearing won’t lead directly to passage in the Senate, but it could elevate union organizing as a campaign issue in the 2022 mid-term elections.

Snapshot: What identity-theft protection benefits should cover

07/27/2021

Demand for benefits protecting employees from identity theft has soared in the last year. Here’s what employers say they want such a plan to provide.

Warn your managers: Loose lips are legal trouble

07/22/2021

Train managers to avoid making comments that can be used against your organization in court. Example: Calling an employee’s disability a “liability” can easily trigger an ADA lawsuit.