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With No End in Sight, the DOL Reiterates its Stance on Permanent FMLA

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

The Federal Trade Commission Says No to Non-Competes

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

The Road to Litigation is Paved with Good Intentions: Communicating with “Employee/Friends"

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

Privacy Rules for Part 2 Programs Inch Closer to HIPAA

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

What to do When Your Employee Is Getting Divorced

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

HR Quick Take: Recorded Workplace Conversations

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

Expiration Dates – Evaluating Your Current COVID Policies

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

Colds, Flu, and Facing an Iowa Winter

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

Speak Now or Forever Hold Your Peace - NLRB Proposes New Rules on Joint Employer Status

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

EEOC Guidance: At-Risk Employees and COVID

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

The Sequel - EEOC Updates COVID Guidance

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

HR Quick Take: Sharing Company Secrets

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

Discipline Notes as a Lawsuit Defense

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

Frequently Asked WARN Act Notice Questions

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

Warnings about the WARN Act: COVID Edition

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

Ugh … We Didn’t Think About That – Cognitive Dissonance in Litigation

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

Healthcare Jobs, Background Checks, the Fair Credit Reporting Act

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

HR Quick Take: High School Age Employees

Q: With the current employment shortage we find ourselves hiring more high school or younger employees. What are the limitations there?...more

HR Quick Take: Employee PPE

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

HR Quick Take: Payroll Issues

Q: We had a payroll issue and accidentally overpaid an employee quite a bit. Can we simply withhold from their future paychecks?...more

HR Quick Take: Vaccinations

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

HR Quick Take: Ban the Box

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

HR Quick Take: FMLA

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

Let’s Talk About Grief: Bereavement Policies in the Evolving Workplace

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

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