Author: Joyce Dos Santos; Attorney; Constangy, Brooks, Smith & Prophete

Willy Wonka’s Chocolate Factory: A Sweet World with Sour Labor and Employment Practices

The close of 2023 treated us to Wonka, a prequel to the beloved childhood classic, shedding light on the origins of the iconic Chocolate Factory. Although Willy Wonka initially began his chocolate empire with good intentions, he inadvertently concocted a recipe for labor and employment violations. As employers aim to sweeten their practices in 2024, […]

How To Build A Workplace Wellbeing Program That Actually Works

Wellbeing is having a moment. Mental health, resilience, and burnout alleviation are among today’s top healthcare HR focuses, according to sweeping research that professional services firm AON released in December, which pulses benefits trends across 160 U.S. health systems and more than 3.3 million employees. But it’s no small feat to cultivate a shared sense of […]

Final Independent Contractor Rule Rejects ‘Core Factor’ Test

On January 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule—going into effect beginning March 11—that will determine whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 rule modifies regulations by adopting […]

5 Ways to Celebrate the Success of Your Team

Did you know that according to a study by Socialcast, 69% of employees would work harder if they felt like their company better appreciated their efforts? It’s inherent in human nature to appreciate rewards and praise when one excels, whether it comes from the company, a manager, or a coach. This not only boosts individual […]

Reports of Labor Exploitation Can Lead to Employment Authorization

Deferred action is a streamlined and expedited tool that can shield vulnerable migrant and immigrant workers from threats of deportation for reporting unsafe or exploitative employers. Employers taking advantage of risky work conditions need to be on notice of these new protections. Temporary Protection and Employment Authorization The Department of Homeland Security (DHS) has announced […]

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find protection under SOX. In siding with the whistleblower, Trevor Murray, the Court rejected UBS Securities, LLC’s position that […]

What We Learned from… HR Upskilling & Employee Learning Week

We’ve enjoyed a full week of online events and digital resources about learning and development best practices. As this year’s HR Upskilling & Employee Learning Week comes to a close, let’s take a look at what we’ve learned from the event’s discussions and resources. Monday Panel Discussion | Utilizing Learning & Development Opportunities to Acquire and Retain […]

Reframe Criticism to Become a Better Motivator

Be honest: Are you a good motivator at work? Scott Adams, the author of Reframe Your Brain: The User Interface for Happiness and Success, likely disagrees with your answer. But he gives us a way to rethink—or, as he puts it, reframe—our mindset on motivation. I, too, spend a lot of time thinking about this […]

Prepare to Comply with 2024 ACA Deadlines to Avoid Penalties

Employers across the United States that have yet to act on their Affordable Care Act (ACA) filing duties are running out of time and should move swiftly. To comply with the ACA 1095-C furnishing deadline for the 2023 tax year, employers must send forms to their full-time employees by March 1, 2024. Further, to comply […]

Healthcare Leaders Share Advice on Recruiting

The nursing shortage is placing a heavy burden on health systems and making acquiring new talent extremely tedious. However, the market does continue to grow. According to new data from the Bureau of Labor Statistics (BLS), in January 2024, jobs in healthcare rose by 70,000, with 17,000 of those positions being in nursing and residential care facilities. […]