Best Management Practices

News & Analysis as of

FLSA Compliance For Franchises…and the Joint Employer Tightrope

In May, the long awaited Department of Labor’s revisions to the FLSA’s white collar exemption rules were published and have many employers, including franchisors, concerned with compliance. John Skelton, a partner in our...more

Five Trending Challenges Facing Employers in the Technology, Media, and Telecommunications Industry

Employers in the technology, media, and telecommunications industry continue to face numerous workplace management and compliance challenges under changing laws. From evolving mandates regarding benefits and momentum toward...more

Client Alert - FMLA Employer Guide and Workers' Compensation Rate Increase

Helpful FMLA Resource for Employers - The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical...more

End of The Employment Road? Tips To Avoid a Collision

Seyfarth Synopsis: When the decision is to terminate, getting the basics right can go a long way toward preventing claims down the road by departing employees. Inevitably, at some point, every employment relationship...more

Dealing with Violence in Wake of the Attack in Orlando

The weekend of June 11, 2016, saw another act of violence committed against innocent and unsuspecting people as they gathered together, an occurrence that has become all too frequent in today's world. While the latest attack...more

Pokémon NO: New App Creates Risks For Employers

Seyfarth Synopsis: Pokémon GO’s popularity is at a fever pitch. However, the game poses several risks for employers including software security, privacy and workplace safety concerns. Your employees may be on a quest...more

Employer Strategies for the DOL’s New Overtime Rule

In a recent post, my partner, Anne Yuengert, wrote about the DOL’s new overtime rule and the changes that go into effect December 1, 2016. Most significantly, the rule increases the minimum salary requirement for the...more

Updated Equal Pay Data Rule Fails To Address Employer Concerns

The Equal Employment Opportunity Commission (EEOC) announced revisions to its planned pay data rule yesterday, but unfortunately the revisions do not address the majority of concerns employers had about the original...more

Combatting Intermittent FMLA Leave Abuse: An Employer’s Toolbox

As most employers know, the Family Medical Leave Act (FMLA) allows employees to take up to 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. While...more

OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health...more

Top Ten FMLA Leave Mistakes

The Family Medical Leave Act (FMLA) grants unpaid, job-protected leave to eligible employees for specified family and medical reasons, also providing them with continuation of group health insurance coverage under the same...more

Did You Know...The Federal Minimum Salary Threshold for Exempt Status Trumps California Law

On December 1, 2016, the Department of Labor’s highly controversial final rule impacting the minimum salary for exempt status will go into effect. The final rule makes four key changes: 1. It raises the minimum...more

New Court Decision Lends Further Guidance To Meal And Rest Period Scheduling

California employers continue to struggle with how to comply with their obligation to provide meal and rest periods to their non-exempt employees. Although the California Supreme Court’s groundbreaking Brinker decision from...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Form I-9 Compliance: Tips for Employers to Avoid Liability

Employers are required under federal immigration law to verify the employment eligibility of new employees by reviewing acceptable documents provided by the employee—to establish the employee’s identity and work...more

Defend Trade Secrets Act Signed Into Law

In an era of unprecedented integration and collaboration in the healthcare industry, providers, payors, contractors and patients are exchanging information at an ever expanding pace. This collaboration includes sharing best...more

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

WATER. REST. SHADE.

Heat is Creating More Legal Problems this Summer. It has been close to 100° in many southern states and even worse in the West. The Union of Concerned Scientists has warned of a “dangerous heat wave and steps to take....more

Beginning July 1, 2016, Employees Working in the City of Los Angeles Will Gain Enhanced Paid Sick Leave Rights

On June 2, 2016, Los Angeles Mayor Eric Garcetti signed into law Ordinance Nos. 184319 and 184320 (“Ordinances”), which create enhanced paid sick leave rights for employees working within the City of Los Angeles. Beginning on...more

Task Force Co-Chairs Call On Employers and Others to “Reboot” Harassment Prevention

WASHINGTON - Two Commissioners of the U.S. Equal Employment Opportunity Commission (EEOC), Co-Chairs of a Select Task Force on the Study of Harassment in the Workplace, called on stakeholders to double down and "reboot"...more

Heat, Lightning Hazards are Focus of Federal Safety Campaigns

With the arrival of summer, the Occupational Safety and Health Administration has launched initiatives to alert employers and workers to heat and lightning hazards and the steps to take to prevent injury or illness from them....more

Employers Must Squarely Address The Mass Shooting Phenomenon

On April 20, 1999, a seed was planted in every workplace in this nation, one which has remained rather dormant for most of us until recently. That day, 13 people left their homes and entered Columbine High School – the...more

Trade Secrets Directive

On 14 April 2016, the European Parliament approved the new European Union Trade Secrets Directive which will create a minimum legal benchmark to protect secret and valuable business information, known as trade secrets....more

You Are a Workplace Safety Rockstar: A Supervisor’s Guide to Taking Safety to the Next Level

It’s time to improve your workplace safety program. Fed-OSHA just announced the sweeping new requirement that, beginning in 2017, many employers must electronically provide to the Agency the details concerning the workplace...more

Dealing with the new FLSA salary tests in ruby slippers

News releases echoing the famous mantra from The Wizard of Oz – “lions, and tigers, and bears …. Oh my!” – suggested that the Department of Labor (DOL) issued an army of flying monkeys. Not so. ...more

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