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Mass. Court Clouds Marijuana in the Workplace Issues

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Who Should Eye Your I-9s?

Our readers should be well aware that every newly-hired employee in the United States must complete a Form I-9 and present supporting documentation confirming their ability to legally work in the job they are being hired...more

HIPAA for HR - Some Good News for Employers

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that was enacted to ensure protection of individuals’ protected health information (PHI). The Standards for Privacy of Individually...more

Don’t Let Zika Bug Your Employees

If you are reading this from one of the 3,141 counties in the continental United States that has not yet been affected by the Zika virus, do not turn away. There is valuable information here for employers, even if you do not...more

Even As They Lament The Horrific Reality Of Mass Violence, Employers Must Consider How To Prevent It In Their Workplaces

After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their...more

Just Because You Say It, Doesn't Make It So

Many companies in the technology industry pay workers as “independent contractors” or “1099 workers.” In theory, classifying individuals as independent contractors rather than employees can bestow significant economic...more

More Whistleblowing Means More Worries for Employers

If you are an employer in the health care or defense industry, in addition to compliance with the panoply of employment laws you must adhere to, employers must also be attuned to their exposure to whistleblower claims under...more

It’s Back to School Time for Students and Your Parent Employees, Too

It’s that time of year when students around the country head back to school. In addition to watching their office supplies fly out of their store rooms, employers will see an increase in employee requests for time off work to...more

Sometimes You Just Cannot Make This Stuff Up

Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised. We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ”...more

BYOD and the Auto Industry: A Marriage Made in Heaven or Hell?

By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most...more

Employers Are Not Going to "Like" This NLRB Decision on Social Media

The National Labor Relations Board (“NLRB”) has issued yet another decision which should cause all employers, even those without unions, to think very carefully before disciplining any employee for their actions on social...more

Bring Your Own Device Doesn't Mean Bring in Security Breach

Bring-Your-Own-Device (“BYOD”) policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely. However, when implementing any BYOD policy there are...more

Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500...more

But We Cut a Settlement and They Agreed to It!?!

As we have previously noted, employers are increasingly resorting to arbitration agreements, waivers and releases and other strategies in an attempt to limit liability in employment matters and reduce or eliminate the risk...more

Advanced Manufacturing Requires Next-Generation Employees

Last week, Scott Kaspar addressed the “skills gap” that concerns high-tech manufacturers with state-side production facilities. But manufacturers need employees with more than mere technical skills. Workers should be able to...more

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

How (Not) to Terminate an Employee

One of the most difficult things a business owner, investor or manager will ever have to do is to terminate someone’s employment. While it is always “bad” for the employee who is getting fired, delivering the bad news can be...more

10/14/2013  /  Hiring & Firing , Termination

Got a Granny? Minimum Wage and Overtime Premium Extended to In-Home Companions

In a long anticipated move, the U.S. Department of Labor (DOL) recently announced that it will issue a final regulation that will extend the minimum wage and overtime premium protections afforded by the Fair Labor Standards...more

Health Care Providers Beware — You May Be a Governmental Contractor

Executive Order 11246 (Order) was first issued in September 1965 by President Johnson. Its purpose was to prohibit race, religion, color, and national origin discrimination by federal contractors and subcontractors and...more

Covenants Not to Compete: Yes, They Can Be Enforceable

Attorneys are often asked by both employers and executives, “Are these non-competes even enforceable?” In most states, the answer is “yes,” provided they are done correctly....more

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