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.

EEOC

House Bill Would Eliminate Damage Caps in Federal Discrimination Cases

Federal judges are required to reduce jury verdicts in discrimination cases brought under Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) if a jury awards more than is permitted under federal caps. But a bill now pending in Congress, the Equal Remedies Act of 2024, would end […]

NLRB in Court: SCOTUS Revises Injunction Standards, Other Standards Under Review

In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as used in other civil injunction applications. Although widely anticipated as bringing harmony to an area with numerous “circuit […]

Ask the Expert: When Can a Former Employee See Their Personnel Files?

Question: A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive? Answer: Massachusetts General Laws Ch. 149, §52C outlines what constitutes a personnel file and discusses an employer’s duty to retain that file. The statute further provides a formal process for employees to […]

Excited About the Potential of AI? Don’t Forget Legal Compliance

Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter how it’s viewed, though, employers must focus on how this brave new world intersects with legal compliance. Guidance from the DOL […]

Making DOL’s Overtime Rule Changes Make Cents

On April 23, 2024, the U.S. Department of Labor (DOL) issued its highly anticipated final rule that will raise the standard minimum salary level needed for most white-collar exempt employees on July 1, 2024, and then increase it again beginning January 1, 2025. The final rule will also increase the total compensation minimum for highly […]

U.S. Supreme Court Building

The Supreme Court and Chevron: Five Fast Facts for Employers

We have been monitoring and awaiting the Supreme Court’s ruling on (what is known as) the Chevron doctrine. You can read more about the doctrine here. On June 28, the Supreme Court issued its decision and overruled the doctrine, which had been in place for more than four decades. For a number of reasons, this decision has and […]

Case Study: Lights, Camera, Action… and Discovery Dispute

A TV host resigned because her employer didn’t respond when she complained about her cohost’s behavior. After her cohost was fired a few months later, she sued. During the pretrial fact-finding stage (discovery), the parties disagreed over what information they were required to exchange. Let’s take a look. Combustible Sydney Watson was the cohost of […]

Employers Take Note—Child Labor Violations Continue to Be Major DOL Focus

Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]

merger

Navigating Labor and Employment Considerations in Mergers and Acquisitions

Merger and acquisition (M&A) transactions are complex endeavors involving various legal, financial, and operational considerations. Among these considerations, labor and employment law and regulations play a crucial role in ensuring a smooth transition for both employers and employees. Whether it’s an asset purchase, a stock purchase, a merger, or another form of M&A deal, understanding […]

Ask the Expert: Craft Severance Agreements Carefully with These Factors in Mind

Question: When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated? Answer: Before addressing the specific question about which state’s laws would apply for the enforcement or consideration of a severance agreement, let’s address the importance of such agreements in the […]