Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

Child Labor Continues to Be a Significant Problem in 2024

According to the Department of Labor (DOL), recent years have seen an enormous increase in the amount of child labor violations within the United States. For example, the DOL found child labor violations affecting 5,792 children in fiscal year (FY) 2023, up from 3,876 in FY 2022. In response, Congress, the Biden administration, and the […]

Ask the Expert: PUMP the ‘Breaks’ on Disciplining Nursing Mothers

Question: We have an employee who is currently breastfeeding and having issues with her performance. She’s reserving our mother’s room four times per workday for an hour each time. Is there a way to navigate this excessive use of the accommodation according to the Pregnancy Discrimination Act (PDA)? We’re concerned about her ability to get […]

What Employers Can Learn from the UAW and Big Three Strike

In mid-September, the United Auto Workers (UAW), which represents nearly 150,000 auto workers, began targeted strikes at certain factories and warehouses around the country run by Ford, GM, and Stellantis NV (formerly Chrysler), the “Big Three” automakers. Although auto strikes against the Big Three aren’t unprecedented, this recent strike had two novel aspects. First, it […]

DOL Publishes Final Rule Regarding Independent Contractor Classification Under FLSA

Recently, the U.S. Department of Labor (DOL) issued its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA). This new rule, effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule (2021 IC Rule). The 2021 […]

Willy Wonka’s Chocolate Factory: A Sweet World with Sour Labor and Employment Practices

The close of 2023 treated us to Wonka, a prequel to the beloved childhood classic, shedding light on the origins of the iconic Chocolate Factory. Although Willy Wonka initially began his chocolate empire with good intentions, he inadvertently concocted a recipe for labor and employment violations. As employers aim to sweeten their practices in 2024, […]

Shift Changes and Predictive Scheduling Laws

While federal law is generally silent on the issue of shift changes and shift scheduling, more and more states and municipalities are enacting predictive scheduling laws to give shift workers more flexibility and schedule security. Federal Law Remains Mostly Silent The Fair Labor Standards Act (FLSA) generally does not require employers to give advance notice to […]

Final Independent Contractor Rule Rejects ‘Core Factor’ Test

On January 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule—going into effect beginning March 11—that will determine whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 rule modifies regulations by adopting […]

Reports of Labor Exploitation Can Lead to Employment Authorization

Deferred action is a streamlined and expedited tool that can shield vulnerable migrant and immigrant workers from threats of deportation for reporting unsafe or exploitative employers. Employers taking advantage of risky work conditions need to be on notice of these new protections. Temporary Protection and Employment Authorization The Department of Homeland Security (DHS) has announced […]

Navigating the Sometimes Tricky Terrain of Noncompete Agreements

In a competitive business environment where human talent often represents an organization’s most important asset, noncompete agreements serve as important tools to help companies safeguard their proprietary information and maintain a competitive edge. But these legal contracts, designed to prevent employees from entering into direct competition with their former employers for a specified period after […]

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find protection under SOX. In siding with the whistleblower, Trevor Murray, the Court rejected UBS Securities, LLC’s position that […]