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.

NLRB

Joint Employer Joint Responsibility: NLRB Issues Final Joint Employer Rule

On October 26, the National Labor Relations Board (NLRB) published its long-awaited final joint employer rule after initially publishing the revised rule for public comment in September 2022. The rule takes effect on December 26, 2023, and governs how the Board will determine whether two or more employers are considered joint employers under the National […]

Are Family-Building Benefits Raising COBRA Coordination Issues?

Family-building benefits are very much “in the news.” Many employers are implementing new benefit programs to support employees in their journey to have children. In the excitement of rolling out these new benefits, it’s possible for employers to overlook obligations under the Consolidated Omnibus Budget Reconciliation Act (COBRA) that may attach to family-building benefit components. […]

New CA Law Requires Workplace Violence Prevention Plans

A new law recently enacted in California requires employers to implement a workplace violence prevention plan and could prove influential if other states follow suit. On Sept. 30, Governor Gavin Newsom signed SB 553 into law, requiring nearly all businesses to have their plans in place by July 1, 2024. Exempted from the law are […]

Proposed Harassment Guidance Broadens Employers’ Obligations Under EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]

Importance of Evaluating Your Employees—The Good and the Bad

As we approach the end of another year, some of you may be gearing up for the year-end performance evaluation season. Conducting proper performance evaluations can play a critical role in your organization’s ability to address issues with poor performing employees, as well as retain your good employees. The purpose of this article is to […]

NLRB’s Latest Rule Means Big Changes Ahead on Joint Employment Front

The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges. The Board’s new rule, issued October 26, replaces a rule issued in 2020 by the Trump administration’s Board. That rule […]

Time for Handbook Review! NLRB Adopts New Standard for Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating the legality of workplace rules under the National Labor Relations Act (NLRA). Employers in both unionized and nonunionized settings should review their employee handbooks and policies to ensure compliance with the new standard. Review of the Old Standard As […]

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing any potential claims against the company. The goal is to avoid an existing or potential dispute, claim, or lawsuit. But if companies don’t routinely review […]

When Is Arbitration the Best Option?

If you run a business, you’ve probably encountered arbitration clauses. These contractual provisions require parties to resolve disputes in private proceedings instead of court and are celebrated as a cost-effective alternative to in-court litigation. But arbitration might not always be a beneficial proposition for business disputes. Those who have arbitrated cases know the process features […]

Copyright Ownership of Creative Works Made for Hire

When an employer directs an employee to create a work that would trigger copyright protection, who owns the copyright? What if an employer has engaged the services of an independent contractor, who creates the work for the business? Although employers may not run into this situation very often, it has the potential to create big […]