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.

Case Study: What to (Remotely) Expect When Your Employee Is Expecting

The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there hasn’t been much guidance from the courts on the topic. But that’s changing. Here’s what one Illinois appellate court has to […]

Utah Bans Nondisclosure Agreements for Sexual Harassment and Misconduct

Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his […]

Number of Employer Union Election Requests Sees Huge Increase

The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]

The Impact of Banning Gender-Affirming Care on Employees

Gender-affirming care allows individuals to align their outward, physical traits with their inner gender identity. This care can include a range of social, psychological, behavioral, and medical treatments to help individuals develop harmony between their mental, social, emotional, and physical states. This type of care is recognized as medically necessary by major medical organizations, including […]

NLRB

Key Takeaways from NLRB Decision Related to Displaying Black Lives Matter Symbol on Work Uniforms

On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and […]

Tight Around the White Collar – The New Overtime Rule is Here

The U.S. Department of Labor (DOL) has published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA). The new rule requires an increase to the salary threshold for executive, administrative, and professional workers (EAP) and Highly Compensated Employees (HCE) to qualify for exemption from […]

DOL Weighs-In (Again) With Final Rule on Independent Contractors

The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024, and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). Employers that misclassify individuals as independent […]

Honestly! Since When Can’t You Fire Somebody for Failing a Drug Test?

Issue 2 became law in Ohio on December 7, 2023, legalizing recreational marijuana use for adults. In presenting on this topic, we have proclaimed that Issue 2 will change very little for Ohio workplaces and employment practices. However, a recent case in the Sixth Circuit Court of Appeals has created a caveat to our bold […]

Recent Pandemic Decisions Embolden NLRB, OSHA Collab

The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety and Health Administration’s (OSHA) concerted collaborative efforts in protecting whistleblowing employees speaking out about on-the-job safety. NLRB, OSHA Doubling Down on Workplace Protections Top officials […]

Managing Implications of Remote Employees Working in Multiple States

Remote work has been all the rage in recent years. Initially, employees were working from home because offices were closed by government mandate. While working from home, employees were usually working in the same town or neighboring suburb as their normal office space. As remote work has become a more permanent part of the white-collar […]