Author: Lin Grensing-Pophal, Contributing Editor

The Normalization of Job Hopping

Workers no longer expect to stay with companies for their lifetimes. In fact, it’s increasingly common for employees to stick around for as little as a year before moving on to a new role, where they also expect to have a short tenure. It’s a practice long known as “job hopping,” although the stigma once […]

College Shoots ‘Airball’ in Basketball Coach’s FMLA Lawsuit

An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up an appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a college coach. The ruling contains multiple lessons for all Texas employers covered by the Act.

Managing Activism in the Workplace: Some Guiding Principles

In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workforce.

NYC Releases Guidance on New ‘Salary Transparency’ Law

The New York City Human Rights Commission (NYCHRC) recently released guidance about the city’s new law requiring “salary transparency” in job advertisements for employees, interns, domestic workers, and some independent contractors. The law takes effect on November 1, 2022. The guidance answered many, but not all, questions raised by the breadth of the legislation. Read […]

Employers Should Take Note of Recent Spike in Union Organizing Activity

In the first quarter of 2022, unions filed more than 550 election petitions in the United States, compared with only 290 in the first quarter of 2021. It’s the largest first-quarter number filed in the past seven years. While part of the increase can be attributed to the Service Employees International Union (SEIU), which has […]

Restaurant’s Mandatory Service Charge Wasn’t a Tip

In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants using the tip credit have the extra administrative difficulties of making sure their tipped employees are being paid enough in tips to meet the […]

Lessons on Drafting Employee Agreements

The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of breaching an employment agreement and misappropriating trade secrets under the Maryland Uniform Trade Secrets Act […]

COVID-19 Is Not a Natural Disaster Under WARN Act

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) has determined that the COVID-19 pandemic is not considered a natural disaster, thus it is not an exception to the federal law that requires businesses to give employees advance notice of mass layoffs. Employers could find themselves liable for mass layoffs […]

Tips on Tallying Up State Tax, Withholding Consequences of Remote Work

One of the most sweeping economic changes arising as a result of the COVID-19 pandemic is the shift from in-person to remote working. Although many employees have returned to working on location again, factors indicate the labor market has evolved to accommodate remote workers more permanently. With the shift comes state tax and other employment […]

Workplace Investigations: Leveraging the ‘Honest-Belief Rule’

Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent probe and still obtain summary dismissal of a discrimination claim. A recent decision from the U.S. 6th Circuit Court of Appeals confirms how employers can best ensure the […]