Job Description Mistakes You Don’t Want to Make
II-27 - Our 1st Anniversary Special: Bringing Back Our Inaugural Guest to Discuss What Was and What Will Still Be With President Trump
One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in the customer...more
On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative,...more
A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more
The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more
For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more
The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more
The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more
Adding to the list of employer-punishing labor changes this year, on October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a final rule establishing a joint employer standard. The standard defines when a...more
They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more
Do you use a staffing agency to provide workers for your day-to-day operations? Are you a franchisor that licenses your trademark and business model to franchisees? If you answered “yes” to either of these questions,...more
In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more
While the pandemic may be behind us, many employees in manufacturing workplaces who worked on the front lines during the last few years, may be having difficulty remaining engaged at work and satisfied with their job. Whether...more
For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more
“Quiet quitting,” “career polygamy,” “overemployment,” “mouse-jigglers,” and “DJs for work meetings”? Social media has exploded with stories of employees rejecting “hustle culture,” reclaiming work-life balance, and...more
Have you googled the term “quiet quitter” or “quiet quitting” recently? The sheer number of videos and other posts addressing it, analyzing it, complaining about it, lauding it, and advising on it on news sites and social...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more
Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more
Companies often use written Employment Agreements to set out the duties/responsibilities of, and the compensation/benefits to, some or all of their employees. The most obvious reasons for doing so are to ensure clarity and...more