On February 9, 2023, the U.S. Department of Labor issued Opinion Letter FMLA 2023-1-A relating to whether or not an employee could “limit their workday to eight hours a day for an indefinite period of time…” when the standard...more
For several years there has been a move to narrow or potentially eliminate non-compete clauses in employment contracts. Various states have imposed a variety of limitations including prohibiting the process of blue lining...more
We all spend a lot of our lives at work. We have acquaintances, we build teams, and we sometimes make friends at work. It can be particularly difficult for supervisors to manage communication with people whom they also treat...more
On November 28, 2022, Health and Human Services/Office for Civil Rights (HHS/OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA) introduced proposed changes to confidentiality rules relating to 42...more
Maybe you noticed that an employee needs more time off lately or has seemed extra stressed or distracted. Perhaps they even told you they are having a tough time in their personal life and are divorcing their spouse. While...more
Q: One of my employees has reported that another employee is recording all of their conversations. It makes everyone uncomfortable. What am I supposed to do about this?...more
Many things have an expiration date - cheese, meat, medicine, certain fashion choices, but some things linger well past their “use by” date – like three-week-old takeout in the very back corner of your refrigerator. During...more
10/21/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Identity Theft ,
Infectious Diseases ,
Masks ,
OSHA ,
Paid Leave ,
Unemployment Benefits ,
Vaccinations ,
Virus Testing ,
Workers’ Compensation ,
Workplace Safety
We are fast approaching winter, and the Iowa Department of Public Health will be regularly announcing flu rates and weather alerts will be blaring at us weekly. And like your car, you may need to winterize your employee...more
10/19/2022
/ Best Practices ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Sick Leave ,
Workplace Safety
Over the last decade, there has been confusion and a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability...more
As noted in a prior article, on July 12, 2022, the EEOC updated its COVID-19 guidance, in relation to the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other equal employment opportunity laws. ...more
As everyone knows, the sequel is almost always messier than the original. The Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated...more
9/7/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Q: We have a recently terminated employee who has been posting a lot of social media messages indicating she is going to reveal “secrets” about the company. She worked in an area that was highly confidential with employee...more
One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more
7/25/2022
/ Department of Labor (DOL) ,
Disability Leave ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Leave of Absence ,
Medical Leave ,
Wage and Hour
The WARN Act requires businesses to give employees notice of a large-scale layoff. Who receives the notice and when can be confusing. Here are three common questions about WARN notices....more
7/12/2022
/ Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Businesses operating in Iowa need to take into consideration both the Federal WARN Act, which applies to companies with 100 or more employees, as well as the Iowa Layoff Notification Law, or the Iowa Mini-WARN, which applies...more
7/7/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Litigation is hard, complicated, and always surprising. It can be very difficult for an organization to plan for the business issues that litigation brings. But no matter how many times you have dealt with litigation -...more
Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more
Background checks have always been a huge issue in the world of healthcare, with many state-specific statutes requiring how background checks are conducted, as well as the other more complex national issues regarding...more
Q: With the current employment shortage we find ourselves hiring more high school or younger employees. What are the limitations there?...more
Q: The cost of PPE for our employees is starting to get really expensive. Can we deduct the cost of the PPE from their wages? ...more
Q: We had a payroll issue and accidentally overpaid an employee quite a bit. Can we simply withhold from their future paychecks?...more
Q: I want to encourage my employees to get vaccinated for COVID-19 and other vaccines such as the flu. Can I offer different sick leave banks to those who are vaccinated?...more
Q: Ban the Box has been around for several years now, and I know at least one city in Iowa implemented local regulations about background checks. What is the status in Iowa?...more
3/11/2022
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
State Labor Laws
Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more
3/3/2022
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
State Labor Laws ,
Wage and Hour
Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more