Q: I have an employee on FMLA and I’m not certain how to count holiday leave....more
As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...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
AI is a buzzword on everyone’s lips in 2024, and to quote a hit song from the 1980s, apparently “The future’s so bright I gotta wear shades.” In other words, many are quick to sing the praises of AI and the opportunities that...more
7/18/2024
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Collection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Innovative Technology ,
Machine Learning ,
NLRB
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
In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more
5/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Human Resources Professionals ,
SCOTUS ,
Sex Discrimination ,
Title VII
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
The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant...more
5/7/2024
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Human Resources Professionals ,
Non-Compete Agreements ,
Nonprofits ,
Restrictive Covenants
A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more
On April 15, 2024, the US Equal Employment Opportunity Commission (EEOC) issued a press release indicating that its Pregnant Workers Fairness Act regulations would be published in the Code of Federal Regulations on April 19,...more
We live in a culture of escalation, drowning in drama, even in our workspace. Reality TV, social media, and other media platforms all scream at your employees that they need to be outraged, loud, and over the top just to be...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
A subpoena isn’t a magic wand that immediately requires a business to provide all documentation to the party requesting it. What if it’s requesting trade secrets? Confidential patient information? Should you ignore it?...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
On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking which would affect the classification status of exempt employees. As many employers will remember, during the Obama administration there were...more
Some social media platforms (SPMs) can be entertaining, but they can also be illegal...if you’re a federal contractor.
In late 2022 as part of a larger budget bill, Congress passed the No TikTok on Government Devices...more
This year, the Iowa legislature turned its attention to a variety of cyber security issues including Senate File 262, a new Iowa privacy law, joining California, Colorado, Connecticut, Utah, and Virginia to broadly protect...more
As discussed in prior Iowa Employment Law Insights articles, the National Labor Relations Board (NLRB) in McLaren Macomb addressed issues of the rights of employees to organize under Section 7, fundamentally limiting...more
6/16/2023
/ Confidentiality Agreements ,
Data Protection ,
Employee Rights ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Severance Agreements ,
Trade Secrets
Over the last several years, HR managers have struggled with recruitment and retention, but few industries have had as much difficulty in obtaining adequate staff as healthcare. Recognizing these issues, during the 2022...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
The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by the base requirements of the Act. This includes being paid minimum wage for every hour worked and time and one-half for all...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
In a February 2023 Iowa Court of Appeals case, David Allen Schmitz (Schmitz) sued the Nevada Community School District and Dr. Steve Gray, the Superintendent, alleging he was terminated for being a whistleblower. His...more