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Another Facially Neutral Employment Policy Bites the Dust

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more

Blacklisting Executive Order Blacklisted

President Obama and his EO’s - Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on...more

100 Percent Tie Off: New OSHA Fall Protection Standard for General Industry Employers

For our general industry employers, you have new fall protection standards. As the Occupational Safety and Health Administration uses the term, “general industry” means all employers not in construction, agriculture, or...more

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

Two Big Lawsuits Challenge DOL’s New Overtime Regulations, But Don’t Get Your Hopes Up

As we all know by now, Department of Labor’s (DOL) new regulations regarding the “white-collar” exemptions to overtime go into effect on December 1. These regulations raise the weekly salary requirement for the executive,...more

The Labor Board Wants Those “Temp” Workers to be “Your” Workers So That You Can Become a Union Company

As I was explaining to a client last week that just “sending her back to the temp agency” likely would not be a simple end to a complicated sexual harassment problem, the National Labor Relations Board issued yet another...more

Employer Liability for the Lone Wolf

Shocking acts of violence are reported in the press every day. Reading about bombers, gunmen, and rapists in schools and homes and nightclubs is almost unbearable. For us labor lawyers, workplace violence is particularly...more

Get Ready to Share More: EEO-1 Soon to Require More on Pay and Wages

The EEOC has proposed a new rule to revise the federal EEO-1 form to include employee pay data on filings beginning September 30, 2017. EEO-1s would have to include W-2 earnings for all employees within an EEO-1 job category...more

Hot Topics: Worker Classification Issues

Worker classification issues are popping up in the news a lot again. This is because the National Labor Relations Board (NLRB) is taking a more aggressive view on joint-employer standards under the National Labor Relations...more

FedEx Workers Ruled Employees, Not Independent Contractors – and the IRS Weighs In

Developments continue to come almost daily about misclassification of employees as independent contractors. Wage and hour cases, tax rulings, and discrimination charges all are part of the mix....more

So You Have a 10-Page Single-Spaced Alabama Noncompete Agreement, Now What?

Employees in Alabama, like in many other places, often are required to sign employment agreements, most of which contain future restrictions on certain activities. The menu items for these agreements usually include covenants...more

What’s Up With Wellness Programs Anyway?

My personal interest in employer wellness programs increased a few months ago when my wife and I were offered significant health insurance premium savings through her employer by participating in such a program. We completed...more

Blizzards, Hurricanes, and That Dreaded TORCON Index

Many “it was the worst day of my life” stories begin with a weather event. I will never forget sitting with a client in an early April morning mediation several years ago when she received a call on her cell phone. She was...more

Examining Return-To-Work Issues Under The FMLA

I frequently receive calls from clients involving an employee who is about to use up all of his medical leave, but who has little chance of returning to work — either at the end of his 12-week Family and Medical Leave Act...more

It’s All in the Family: Shifting Standards for Joint-Employer Liability

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks

I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the...more

To Be, or Not to Be an Independent Contractor—That Is the Question.

I often receive calls that begin with a story like this: “We had the maintenance guy do this project for us a year or two ago, and we really liked him, so we kept him on. We just 1099 him each year. No problem with that,...more

President Obama Strikes (Signs) Again with the Fair Pay and Safe Workplaces Order

Employers will have to report previous labor law violations to bid for federal government work beginning soon. On the heels of President Obama’s executive order prohibiting LBGT discrimination by federal contractors, the...more

Supreme Court Opinion Calls Into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision and invalidated President Obama’s January 2012 appointments of three individuals to the National Labor Relations Board (NLRB),...more

Criminal Background Checks: EEOC Enforcement and Ban-the-Box Update

The EEOC last year took a new step toward attempting to limit criminal background checks by employers. Recently the EEOC filed two well-publicized lawsuits alleging race discrimination against two different employers for...more

Alabama Lawmakers Approve Bill Requiring Employers to Allow Firearms in Employees’ Vehicles

Alabama Governor Robert Bentley has signed into law SB286, a bill that limits employers’ restrictions on employee possession of guns in their cars at work. The House of Representatives voted 73-28 on Monday to approve a...more

Labor Law Developments That Apply To You Even Though You Think They Don't

To Our Nonunion Clients - Most of our clients have nonunion workforces, a fact which reflects the limited union presence in this country generally. However, just because your company is nonunion does not mean that it is...more

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