Tag: Employment law

Voluntary Self-Identification: Best Practices

Federal law requires many employers to track applicant demographic data and report it to the federal government. Reporting may be imposed by the Equal Employment Opportunity Commission (EEOC) or by the Office of Federal Contract Compliance Programs (OFCCP), for example. But what about employers that aren’t required to track demographic data? Here are some considerations.

National Origin, Discrimination, and Employers—Oh, My!

National origin issues are all over the news. Can the United States treat individuals differently based on their country of origin? How will a person’s country of origin affect her ability to obtain a visa to work in the United States? What do you do when U.S. Immigration and Customs Enforcement (ICE) agents or other […]

fired

You’re Fired! Softening the Blow of a Termination

Employment attorneys are frequently left to clean up the mess after a difficult termination. But engaging with your employees in a professional and respectful manner can go a long way toward simplifying termination cases. The following article provides some hard-won advice on the do’s and don’ts of employee terminations.

Halloween Firings of Yore: Frightening Guidance from ‘The Office’

Halloween is tomorrow, and we are flashing back to a Halloween-themed episode from one of my favorite shows: The Office. While the episode is aptly named “Halloween” (because it takes place on October 31 and the day of the office Halloween party), it could have easily been entitled “Grim Reaper” because this episode follows Michael […]

A Ship with No Captain Means No Change in Course

As of press time, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) still doesn’t have an administrator. Cheryl Stanton, who is currently the executive director of South Carolina’s Department of Employment and Workforce, was nominated for the position in September 2017. However, the Senate returned her nomination to the president in January […]

Is Your HR Department the Police or a Partner?

Close your eyes and picture your current HR staff. Does your HR department function as a strategic partner or as a police force? Do they spend their time addressing people who aren’t meeting the dreaded dress code, who can’t get along with others, or who are always late? Are they continually pushing to grab the […]

commute

Rising Concerns About Distracted Drivers

In many industries, employees are required to drive their own or company-owned vehicles as part of their job duties. In light of the ubiquity of smartphones and the ingenuity that leads to the ability to multitask while driving, employees, employers, and lawmakers have grown more and more concerned about distracted drivers.

Maintain Uniformity in Your Enforcement of Uniform Policies

The federal appellate court that sits in New Orleans recently agreed with the National Labor Relations Board’s (NLRB) finding that In-N-Out Burger violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when it barred its employees from wearing buttons supporting the “Fight for $15” movement, which seeks an hourly wage of $15 for minimum-wage […]

FLSA

I’m With the Government, and I’m Here to Help

The U.S. Department of Labor (DOL) recently updated its annual statistics that reflect the volume of back wages collected through compliance audits. The figures provide a clear reminder that while the Trump administration is widely viewed as more employer-friendly than the Obama administration, enforcing the Fair Labor Standards Act (FLSA) is still front and center […]