Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)....more
11/9/2023
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Unions ,
Wage and Hour
Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend...more
9/6/2023
/ Employee Benefits ,
Employee Handbooks ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Paid Leave ,
Paid Time Off (PTO) ,
Sick Leave ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour
May is Mental Health Awareness Month and the perfect time for employers to check on the mental well-being of their employees and examine their current policies, because doing so will ultimately improve their bottom line....more
The EEO-1 reporting deadline has become a moving target, so covered employers need to sharpen their data collection and be ready to upload. The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the...more
2/17/2023
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Labor Laws ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Tis the season for employee performance reviews! In the midst of the chaos that is the holiday season and end-of-year deadlines, employee performance reviews are often scheduled during this busy time of the year. An impending...more
You’ve wined and dined and trained and invested in your new hire, and now they’re leaving you in the midst – before you were ready – can you still get the ring back, or in this case, “clawback” your training and other related...more
10/13/2022
/ Clawbacks ,
Compensation & Benefits ,
Consumer Financial Protection Bureau (CFPB) ,
Debt ,
Employee Training ,
Employees ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Labor Regulations ,
Repayment Options ,
Termination Fees
Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more
10/27/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Screening Procedures ,
Title VII ,
Virus Testing ,
Workplace Safety
The old “80/20 rule” is back again for tipped workers under the latest proposed Final Rule issued by the Department of Labor (DOL) last month. Employers in the service industry, especially those employers who take a tip...more
7/7/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy, public health department, or other health care provider...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more
11/11/2020
/ Ambush Election Rules ,
Biden Administration ,
Collective Bargaining ,
Corporate Counsel ,
Federal Labor Laws ,
Joint Employers ,
Labor Reform ,
Micro-Unions ,
NLRA ,
NLRB ,
Persuader Rules ,
Policy Drafting ,
Quickie Election Rules ,
Right to Strike ,
Union Elections ,
Unions
The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this...more
11/11/2020
/ Age Discrimination ,
Anti-Discrimination Policies ,
Biden Administration ,
Civil Rights Act ,
Employment Discrimination ,
Equal Pay ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
Minimum Wage ,
No-Poaching ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Pregnancy Discrimination ,
Title VII ,
Wage and Hour
Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching....more
Right on the heels of the Department of Labor (DOL) issuing a new joint employer liability test under the Fair Labor Standards Act, the National Labor Relations Board (NLRB) has issued its own employer-friendly final rule for...more
3/4/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more
1/7/2020
/ Arbitration ,
Disciplinary Proceedings ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Personal Expression ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process ,
Union Membership ,
Union Organizers ,
Unions
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more
12/24/2019
/ Boeing ,
Collective Bargaining Agreements (CBA) ,
Confidentiality Policies ,
Dues Checkoff ,
Electronic Communications ,
Email ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Work Hours ,
Policies and Procedures ,
Purple Communications ,
Regulatory Requirements ,
Rulemaking Process ,
Section 7 ,
Union Dues ,
Union Organizers ,
Unions ,
Workplace Investigations
Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals and calculating overtime where employees receive non-discretionary bonuses will be glad to know the...more
7/24/2019
/ Bonuses ,
Compensation & Benefits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Opinion Letter ,
Over-Time ,
Paralegal ,
Payroll Records ,
Rate of Pay ,
Wage and Hour
Assessing whether to terminate an employee and how best to deliver the news are challenges every employer faces. Whether it’s a low-performing employee who shows no sign of improvement or an employee who egregiously violates...more
The annual holiday party is a great time of the year to celebrate employees and business successes, but it can be fraught with peril. Wise employers will plan holiday celebrations carefully....more
Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel.
Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance...more