Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned....more
Under California law, it has been the longstanding policy that non-compete restrictions are generally void and unenforceable, subject to narrow exceptions. At the end of 2023, California signed two more bills into laws to...more
During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more
11/2/2023
/ Employee Definition ,
Employee Handbooks ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Hostile Environment ,
Human Resources Professionals ,
Independent Contractors ,
Labor Regulations ,
OHSA ,
Reasonable Accommodation ,
Reporting Requirements ,
Substance Abuse ,
Workplace Communication ,
Workplace Injury ,
Workplace Romances ,
Workplace Safety
While many licensed professionals generally understand the responsibility of the board that regulates their practice, the Defense Health Agency's ("DHA") role in professional licensing issues is not as widely known. However,...more
On July 21, 2023, the Department of Homeland Security ("DHS") announced a new final rule establishing a remote option for employers to inspect employee documents in compliance with I-9 employment verification requirements...more
Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer.
During the discussion, the attorneys covered...more
On January 5, 2023, the Federal Trade Commission ("FTC") proposed a rule that would ban non-compete agreements between employers and workers on the basis that non-compete clauses are unfair methods of competition. While the...more
The North Carolina Board of Nursing ("NCBON") is empowered by law to regulate the practice of nursing in order to provide safe nursing care to the public.
When the NCBON receives a complaint regarding a nurse's practice...more
On October 13, 2022, the United States Department of Labor ("DOL") published its proposed rule (the "Proposed Rule") for determining whether a worker should be classified as an employee or an independent contractor under the...more
Over the past two years, pay transparency laws have quickly spread and become a topic of state legislatures nationwide.
As pay transparency laws continue to proliferate across the United States, employers will need to...more
While many employers use the term "1099 employee" as a means to distinguish independent contractors from the company's W-2 employees, no such term exists from a legal standpoint.
In fact, in addition to being inaccurate,...more
Three Ward and Smith labor and employment attorneys analyzed a number of real-life situations many employers are dealing with in the current landscape.
The webinar, part of Ward and Smith's In-House Counsel virtual...more
1/21/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
OSHA ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In an effort to reflect recent updates provided by the Centers for Disease Control and Prevention ("CDC"), the Occupational Safety and Health Administration ("OSHA") revised its guidance on protecting workers and preventing...more
Between COVID-19, last year’s demonstrations for racial justice, and a new president, there are many legal issues employers may need to consider — or reconsider.
A quartet of Ward and Smith attorneys highlighted some...more
8/11/2021
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Diversity and Inclusion Standards (D&I) ,
Employee Definition ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
NLRA ,
NLRB ,
Section 7 ,
Vaccinations
While the light at the end of the tunnel is visible, the darkness of the COVID-19 pandemic still looms over employers.
Over the last few weeks, states across the nation began taking steps to reduce the restrictions...more
Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion.
Many who do have jobs and bring those opinions into the workplace....more