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.

Preventing Potential Pregnancy and Parental Leave Pitfalls in the Workplace

Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and, potentially, the Americans with Disabilities Act (ADA). Employers should also be aware of and follow the Pregnant Workers […]

Case Study: Trade Secret Theft Garners No Damage Award

Even if you are in the right when you file a lawsuit against a former employee who admittedly took your trade secrets, sometimes the reward is simply not worth the expense. Here, an employer had a former manager dead to rights in misappropriating trade secrets but still couldn’t get a jury to award a dime. […]

M&A Best Practices: Advice from a Healthcare CEO

The current circumstances around healthcare are forcing hospitals to take a hard look at consolidation, maybe more than ever before. Matt Heywood, CEO of Aspirus Health, is aware of that as much as anyone as the leader of a health system that just closed its own merger. Earlier this month, the Wausau, Wisconsin-based operator combined with Duluth, Minnesota-based St. […]

Watercooler

Heat Safety Advocates Criticize Florida Law Banning Water Breaks, Cooling Measures

A new measure signed into law by Florida Governor Ron DeSantis that prohibits local workplace standards requiring drinking water and cooling measures increases the risk of worker deaths from heat exposure, according to worker safety advocates. “The bill in Florida threatens to strip millions of workers of fundamental heat protection measures, such as access to […]

California’s Estrada Decision and Impact on Employers and PAGA Claims

Following Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and mitigate costly wage and hour litigation. Estrada eliminated one of employers’ central tools to curb sprawling PAGA claims: requesting dismissal based on the court’s […]

With Joint Employer Rule Blocked, Look for Trouble Ahead on New Contractor Rule

Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better. A new rule from the National Labor Relations Board (NLRB) would have made it harder for employers to avoid joint employment […]

Case Study: When Discussing Accommodations, Follow Interactive Process

The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]

Unions Seeking to Organize in Nontraditional Industries, Including Financial Services

Union-organizing efforts aren’t limited to historical union strongholds like manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry, they’re looking to organize financial services employees. Case in point: On December 20, 2023, Wells Fargo branch employees in Albuquerque, New Mexico, voted 5 to 3 in […]

From $366 Million to $249,000: Takeaways for Employers from Appellate Ruling on Damages Caps

Among the many perils of litigation, one of the biggest concerns employers express is the risk of an astronomical jury verdict. On Feb. 1, 2024, the Fifth Circuit Court of Appeals addressed this issue when it cut an eye-popping $366 million jury verdict against FedEx to just $249,000. The decision in Harris v. FedEx Corporate […]

Ask the Expert: Determining FMLA Leave

Question: One of our employees is on intermittent Family and Medical Leave Act (FMLA) leave. She’s gotten sick and claims it’s unrelated to her reasons for being on FMLA leave. Can we include these days in her FMLA time and have them go unpaid? Answer: No. Unless you have reason to believe she’s being untruthful, […]