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Stay-or-Pay or Prey? States Restricting Retention Employment Contract Provisions

New Year, new legislation — California and New York are leading the way in restricting certain “stay-or-pay” provisions in employment contracts. These types of provisions are relatively common....more

The Gift That Keeps on Giving: Tips on Making Year-End Reviews Count

As the year comes to a close, year-end performance reviews are in full swing. While these reviews may not be everyone’s favorite part of the job, they remain an important tool to support workplace development....more

Beyond WARN: Federal Laws and Practical Considerations That Shape RIF Planning and Execution – Part 2

In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?”...more

Take Time to Update Your Handbook

When did you last update your employee handbook? With the end of the year nearing, now is a good time. Your policies should provide clear guidelines to your workforce about what you expect of them....more

Final Impact? EEOC Closing of Disparate Impact Investigations Is Challenged

Like almost every federal agency, things have certainly changed at the Equal Employment Opportunity Commission (EEOC) in the last 10 months. One of those significant changes has been the departure from investigation of claims...more

Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think

Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending...more

Independent Contractors May Not Be the Cheapest Route

For those thinking that classifying workers as independent contractors is a cheaper way of doing business, beware. A California court just ordered a home healthcare business to pay $10 million in restitution and civil...more

Government Shutdown and What It Means for OSHA

Because our lawmakers were unable to resolve their differences over the federal budget, the United States federal government shutdown on October 1, 2025, and continues to be shutdown. As a result, approximately 750,000...more

Twitter Tirade Turns into Trouble – Online Conduct Can Be Legitimate Reason for Employer Action

Employee activity on social media is a hot topic. The Sixth Circuit Court of Appeals recently addressed a case in which a university employee was denied opportunities following a Twitter tirade. The court affirmed that the...more

Pay Your Way – New H-1B Visa Requirements Include $100,000 Payment

On September 19, 2025, President Donald Trump issued a proclamation regarding the use of H-1B nonimmigrant visas. That same day, the Department of Labor announced Project Firewall, an H-1B enforcement initiative. Below, we...more

Speak Your Mind and Discipline May Follow

“I’m speaking my mind because I have a right to free speech.” We’ve all heard that haven’t we? In the words of Lee Corso: “Not so fast, my friend.” The First Amendment gives protection from governmental action. So, in most...more

“To Compete or Noncompete?”

Can you have noncompetes with employees or not? For a long time, state law governed the enforceability of noncompetes and then in April 2024, the Biden administration’s Federal Trade Commission voted to ban noncompete...more

The ABCs of CBD? Kind of… 8th Circuit Affirms Termination of Employee Failing Drug Test for Hemp Pain Oil

You want a safe workplace and have adopted a Drug Free Workplace policy. You may even have government contracts that require you to drug test your employees. How does the brave new world of legalized marijuana, medical...more

Back to the Exemptions? Possible Changes to Home Health and Personal Care Worker Wage Regulations

Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care...more

The Future of DEI Programs for Private Employers: DEI-D in the Water?

Following a number of 2025 executive orders and combined guidance from the Equal Employment Opportunity Commission and the Department of Justice (DOJ) targeting diversity, equity, and inclusion (DEI) initiatives, a July 29,...more

7th Circuit “Opts In” to the Evolving Collective Action Debate

Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more

Doing Nothing in Response to a Report of Sexual Harassment Could Cost You Millions – the LAPD Recently Learned the Hard Way

If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Mediation: Give It a Try – You Might Like It!

Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the...more

How the Big Beautiful Bill Will Affect Your Big Beautiful Workplace

The Big Beautiful Bill was signed into law by President Trump on July 4, 2025. The BBB is a complex budget reconciliation law (a law that follows a special procedure for more simplified passage) that contains over a thousand...more

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