Tag: Employment law

Pay Attention to Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits

Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are used. This wave of lawsuits began approximately a year ago when an employees’ law firm filed putative class action lawsuits raising this novel claim in California federal courts against multiple large […]

Bar the door: Actionable Tips for Defending FMLA Claims

Good timing can mean the difference between success and failure, and waiting too late can cost you—as a transit employee discovered the hard way. Although this case comes from a different state, it’s still helpful when defending Family and Medical Leave Act (FMLA) claims in Texas. Chronic Serious Health Condition As a threshold matter under […]

Lack of Engagement Means Missed Opportunities for Employers

If multiple studies and surveys are to be believed, employers are suffering an engagement problem—and there’s no end in sight. Concerns existed even before the pandemic brought upheaval to the workforce by making working from home the norm. That fundamental change didn’t go away when COVID eased, as whether to make everyone return to the […]

Ask the Expert: How Far Does the FMLA’s Reach Extend When It Comes to Family Members?

Question: We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)? Answer: […]

Tips for Making the Season Bright and Avoiding Holiday Horrors

With the holidays about to be in full swing and the end of the year near, visions of time-off requests, bonuses, and parties are likely dancing in employers’ heads. Getting any of those things wrong is a sure way to spoil the holidays, but a little planning and care will keep the work on track […]

DOL Issues AI guidance

On October 16, 2024, the Department of Labor (DOL) issued guidance on the use of artificial intelligence (AI) in employment—Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. The guidance stems from President Joe Biden’s Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued […]

Keep Track of Changes at OSHA, Part 1: Regulatory Update, 2023-2024

This is part one of a two-part update on changes at the Occupational Safety and Health Administration (OSHA). Part one discusses the regulatory changes OSHA made during fiscal year (FY) 2024. The most recent regulatory changes at OSHA have been the Employee Representative Walk-Around Rule (effective May 31, 2024), the Proposed Emergency Response Standard (published […]

Ask the Expert: Can You Deduct Speeding Tickets from Employee Wages?

Question: Our employees drive vehicles strictly for work purposes, but we don’t have a policy on such use. After employees received several speeding tickets, we’d like to introduce a policy that would allow management to deduct the cost of tickets from employees’ wages. Are we allowed to start introducing this type of payroll deduction? Answer: Employers […]

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DOJ Updates Its Corporate Compliance Programs Guidance

On September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) released revised Evaluation of Corporate Compliance Programs guidance, last updated in March 2023. The latest guidance covers three primary areas of on-going interest for the DOJ: (1) how companies are identifying and mitigating emerging risks related to new technologies, including artificial […]

What to Do Before Adopting Generative AI in Your Business

Your business may want to jump on the generative artificial intelligence (GAI) bandwagon and discover how you may become more productive and competitive, reduce costs, and make the most of new technology. There are many intriguing and effective GAI programs available for use. However, there are important considerations your business should evaluate before adopting a […]