Author: Chris Toner, Partner, Axley Brynelson, LLP

Updated Walkaround Rule: OSHA Allows Union Access During Site Inspections

On May 31, 2024, the U.S. Occupational Safety and Health Administration’s (OSHA) revisions to the “walkaround rule” went into effect. The walkaround rule sets forth a process for OSHA to conduct on-site inspections and previously allowed an employee representative to attend the inspection. What’s New with the Rule? The revisions to the walkaround rule remove […]

The Military Way of Writing Emails

We can learn a lot from the military. One such lesson: how to write effective emails, those that are read and understood. “How to Write Email with Military Precision” by Kabir Sehgal appeared in the Harvard Business Review on November 22, 2016, and it was an eye-opener for me! Make the Subject Line Count The […]

Case Study: Examining DEI One Year After SFFA v. Harvard/UNC

In a momentous decision overturning decades of precedents, the U.S. Supreme Court ruled in SFFA v. Harvard/UNC last year that the use of race in college admissions violated Title VI of the Civil Rights Act of 1964 (Harvard) and the Equal Protection Clause of the Fourteenth Amendment (UNC). While the decision was focused on higher […]

Picking Perfect Perks: Employers Getting Creative to Entice Workers

Attracting and retaining high-performing workers—always a challenge—has become a struggle for many employers, leading them to rethink the perks they offer. Some are happy to offer free snacks, others hope to lure people with the promise of generous time-off policies. Do some employees want to bring their pets to work, take time off to help […]

Make No Mistake, Errors During the Hiring Process Are Not Inevitable

When thinking about the hiring process, those doing the hiring often focus on mistakes job candidates make. Maybe hopefuls show up for an interview late and unprepared, or maybe they’re interested in the job’s salary but not so much the actual work the job requires. Certainly, candidate mistakes can be egregious, but what about mistakes […]

Supreme Court Hands NLRB a Piping Hot Wake-Up Call

A mostly unanimous U.S. Supreme Court has ruled that a National Labor Relations Board (NLRB) request for preliminary injunctive relief while unfair labor practice charges are pending is to be evaluated by the same standards as any other injunction request. The ruling in Starbucks v. McKinney rejected the Board’s position that its requests should be […]

When Using AI at Work, Be Sure to Avoid Wage and Hour Claims

Employers are looking to save time and money and are turning to artificial intelligence (AI) to make employment practices more efficient. In early 2024, the U.S. Department of Labor (DOL) issued guidance to help employers navigate the use of AI. The takeaway is that eliminating humans from critical employment processes could result in a violation […]

Case Study: Employee Challenges DEI Training Video—But Neglects to Watch It

In recent months, many employers have faced increased scrutiny of and challenges to their diversity, equity, and inclusion (DEI) initiatives, including claims that the programs amount to “reverse discrimination.” In a recent decision, the U.S. Court of Appeals for the 7th Circuit (which covers Illinois, Indiana, and Wisconsin) rejected an employee’s reverse discrimination claim under […]

Don’t Act Without Thinking: A Few Thoughts on Firing Employees

Conventional wisdom says firing an employee is one of the more difficult decisions for managers and HR. Unconventional wisdom says to think differently. Read on. Thought No. 1: Fire Sooner, Not Later When a new employee isn’t the right hire, act! When there isn’t a good match between your need and their talent, no amount […]

What Leaders Should Know About Chicago’s New Paid and Sick Leave

Effective July 1, 2024, Chicago employers will need to comply with the city of Chicago’s paid leave and paid sick and safe leave ordinance. The ordinance requires Chicago employers and employers with Chicago-based remote workers to provide up to 40 hours per year of paid leave and 40 hours per year of paid sick leave […]