Author: Emily L. Matta, Associate, Foulston Siefkin LLP

DOL Guidance Spotlights FLSA, FMLA, and Visa Program Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]

Red Flag Flying: Tips for Detecting Employee Embezzlement

Sadly, in the past 12 months, I have been hired to investigate or assist in investigating employee embezzlement more times than in the past 15 years combined. Embezzlement is the theft or misappropriation of funds or property placed in one’s trust, belonging to one’s employer. Employee theft costs are on the rise, and they are […]

Unwelcome Office Birthday Party Leads to $450K Verdict, Lessons on Disability Law

Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, repeated mishandling of the worker’s behavior after the episode offers the best explanation for the […]

HR and Facility Professionals Share New Psychology of Clean for Workplace Experience

More than two years since the COVID-19 pandemic made Zoom calls a reality and daily commutes infrequent, employers are still juggling their return-to-work options among fully remote, fully in-person, hybrid, flex space, and shared space approaches. And now, it’s a dual effort on the part of both HR managers and facility managers to retain current […]

NLRB General Counsel Seeks to Facilitate Union Organizing

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo is taking aggressive positions designed to help unions be more successful in organizing. The GC is the agency’s top lawyer. While she can’t unilaterally change the law, she can argue prior precedent was wrongly decided and urge the present union-friendly NLRB members to change the […]

All Fortune 100 Companies Now Have DEI Policies

Diversity, equity, and inclusion efforts have gained remarkable traction in recent decades. In the final third of the 20th century, DEI was effectively dominated by and focused exclusively on affirmative action—the idea that employee racial and gender demographics should more or less match the population-level demographics. It didn’t necessarily matter whether women and people of […]

Student Athletes Sue to Be Classified as ‘Employees’

Since last year’s monumental Supreme Court decision in Alston curtailing the National Collegiate Athletic Association’s (NCAA) ability to limit student athlete compensation, the landscape continues to shift in unprecedented ways. In September 2021, the National Labor Relations Board (NLRB) announced its position that certain student athletes at private institutions should be considered employees for purposes […]

That’s a Wrap on HR Leadership Week 2022!

In honor of HR professionals across the country, HR Daily Advisor celebrated you throughout the week of August 1-5! As the week comes to a close, we’re taking a look back at all our online events and digital resources that helped HR professionals grow and develop in their roles! Monday Featured Article | Critical Leadership Required Post-Pandemic Companies are […]

Companies Continue Increasing L&D Spending

With wage pressures pushing employee compensation demands higher and inflation and supply chain issues further straining employer finances, one might expect that budgets for learning and development would shrink or even be put on hold while the storms pass.