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.

Employers, Watch Your Mouth and Remember, ‘Loose Lips Sink Ships’

Ever hear the expression “loose lips sink ships”? It comes from WWII and was plastered on posters in port cities, warning that gabbing about the sailing times of vessels carrying materials and soldiers would endanger their safe sailing. I thought it fit a very recent case from the U.S. 5th Circuit Court of Appeals, the […]

Case Study: CA Supreme Court Rules Gig Economy Drivers Are Independent Contractors

After nearly four years of court battles, Proposition 22—also known as the Protect App-Based Drivers and Services Act—has been upheld by the California Supreme Court. The voter-enacted law allows drivers for app-based transportation and delivery companies—also known as “network companies”—to be classified as independent contractors, as long as several conditions are met. Summary of Proposition […]

Harm Doesn’t Have to Be Significant: What to Watch for in Promotion and Demotion

In a recent case, the U.S. Supreme Court decided a case in which a police sergeant alleged she was transferred from one job to a less desirable job in the police department because of her sex. About the Case The sergeant was transferred out of the intelligence division where she had worked for several years […]

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 […]

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 […]

Determining Whether NDAs Are Enforceable in Sexual Harassment Cases

Like all good legal questions, the answer to whether a nondisclosure agreement (NDA) is enforceable in sexual harassment cases is “it depends.” An NDA or confidentiality agreement is a signed legal document that restricts one party from sharing certain information with others. In the 1940s, NDAs were originally used in maritime law, and in the […]

Case Study: Posts on Personal Social Media May Constitute State Action

On March 15, 2024, the U.S. Supreme Court issued a decision in Lindke v. Freed that lays out a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if the official had the actual authority […]

Ask the Expert: Do Employers Have to Compensation Employees for Days Missed for Jury Duty?

Question: We have an employee who was summoned for jury duty. Do we, as an employer, have to pay them for the days they’re missing work? Answer: Jury duty is an unavoidable but important part of our legal system. It is also time-consuming and will inevitably force people to miss work. Federally, there is no […]

Microsoft Staffing Moves Raise Question of Merger

When companies are looking to quickly ramp up their human capital in a particular competency, one solution is to acquire or merge with an existing player in that field. While this option isn’t feasible for everyone—smaller businesses may not have the resources to purchase another company or even to afford the considerable legal and regulatory […]