Q: I have an employee on FMLA and I’m not certain how to count holiday leave....more
Every region has its stereotypes, but here in Iowa, we lean into the Midwest image: polite, pragmatic, team-oriented (think barn raising), and stubborn as dirt, all qualities that can serve you well as a manager....more
In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more
The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...more
2/22/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Confidentiality Policies ,
Employer Liability Issues ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Healthcare Facilities ,
Healthcare Workers ,
Human Resources Professionals ,
Independent Contractors ,
Joint Employers ,
NLRB
On January 11, 2024, the EEOC announced it was settling an alleged sex discrimination claim with a national retail corporation in Ottumwa, Iowa. The allegation was that the store had improperly used sex stereotyping about...more
Q: My direct report and I have been asked to testify as witnesses for a lawsuit involving our employer. What do we need to know about the interviews?...more
For many working in human resources, at some point they will be tasked with conducting witness interviews. If there’s litigation, they may assist in witness preparation and/or being present at depositions, trials, and...more
At the Dentons Davis Brown annual labor and employment law seminar last month, employers discussed a large array of topics, many of which were issues that occurred during COVID or were pre-existing but were exacerbated by...more
In the last article, we covered an Iowa Court of Appeals case relating to severance/separation agreements and whistleblower claims. Other issues have cropped up regarding severance agreements and their enforceability but on...more
3/23/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements
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
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
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
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
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
Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...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 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
As employees return to the workforce from remote work and the ability to take a break and walk the dog whenever they want, many are demanding to increase flexible work schedules. As humans, we think primarily about what...more
Last week the Center for Medicare and Medicaid Services (CMS) issued new omnibus regulations relating to facility-mandated COVID-19 vaccine programs. The regulation covers a wide array of healthcare providers including...more
On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) issued several updates to its Q&A relating to COVID-19 and vaccinations - What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Q: My employee wrote a long statement regarding a recent disciplinary action. What am I supposed to do with that? ...more