Tag: employer

“There is no sin except stupidity”

by Donna Brooks We confess: In these days of dry Employee Retirement Income Security Act (ERISA) lawsuits, newspaper battles over immigration laws and school calendars, and court opinions focusing on sufficiency of evidence or burdens of proof, any day that we get to write an article about “sin” is a good day. While actual “sinning” […]

Making restrictive covenants enforceable

by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]

Social media fame: harmless or damaging to employers?

Seen any viral videos lately? Maybe a more pertinent question is: Fired anyone over a viral video lately? Videos and other social media posts run the gamut from cute kittens to dancing wedding parties. Sometimes, though, they delve into more serious subjects and become statements on political and social issues — issues that can embarrass […]

Time to assess summer worker programs

As back to school time looms, employers may be assessing their experiences with summer workers — those brought in for seasonal work as well as college interns learning the ropes in their chosen profession. Now is a good time to examine which employer practices are sound and which ones may be iffy. Employers need to […]

Getting a handle on summer absenteeism

With summer in full swing, employers may find more than a few empty desks around the office. That’s not too much of a burden when employees plan in advance and schedule time for their vacations, but sometimes the beach beckons on short notice and employees may extend a weekend with a sick day or two. […]

EEOC issues new guidance concerning employment of veterans with disabilities

By Diane M. Pietraszewski The Equal Employment Opportunity Commission (EEOC) recently issued two pieces of revised guidance focusing on the employment rights of disabled veterans under the Americans with Disabilities Act (ADA). One of the documents, titled “Veterans and the Americans with Disabilities Act: A Guide for Employers,” is directed at employers. The other document […]

Rules changing on New Hampshire noncompete, nonpiracy agreements

By Jeanine Poole New Hampshire employers using noncompete and nonpiracy agreements face new limits beginning July 14. That’s when House Bill 1270 goes into effect. The new law requires that every employer provide a copy of any noncompete and/or nonpiracy agreement required for a position to a current or potential employee before or concurrent with […]

Older worker at desk

Linking performance problems to age is a dangerous practice

Employers may be experiencing the nagging dread of age discrimination more frequently these days. Simultaneous to the surge of baby boomers reaching retirement age comes the decision by many to delay their exit from the workforce, setting up a perfect legal storm centered on age discrimination. Employees who saw their retirement nest eggs dwindle during […]

Temporary workers and workplace safety

Temporary workers and OSHA

by John Hall Who is responsible for compliance with the Occupational Safety and Health Administration (OSHA) when temporary or leased employees are involved? Is it the agency supplying the employees or the client employer for whom they are working? Through interpretive letters and compliance directives to staff, OHSA asserts that it can be a shared […]

Working longer and retiring later

It’s not your father’s (or mother’s) retirement anymore

If employers could consult a crystal ball to see what the workplace will be like 10, 20, or more years down the road, they might see an older workforce in their future. As many aging baby boomers decide to continue working for a few — or several — years past the traditional retirement age, employers […]