Practical HR Tips, News & Advice. Updated Daily.
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.
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, […]
The boiling dispute over the unionization of baristas is heading to the U.S. Supreme Court (SCOTUS). Section 10(j) of the National Labor Relations Act (NLRA) authorizes federal courts to issue preliminary court orders against employers that are allegedly violating federal labor law. This allows the National Labor Relations Board (NLRB) to seek such extraordinary relief […]
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.” Airgas USA Sued for Disability Discrimination Over Employee’s Hemp Use In Fisher v. Airgas USA, LLC, Fisher was an operation technician who used power tools, worked […]
According to the Department of Labor (DOL), recent years have seen an enormous increase in the amount of child labor violations within the United States. For example, the DOL found child labor violations affecting 5,792 children in fiscal year (FY) 2023, up from 3,876 in FY 2022. In response, Congress, the Biden administration, and the […]
Question: We have an employee who is currently breastfeeding and having issues with her performance. She’s reserving our mother’s room four times per workday for an hour each time. Is there a way to navigate this excessive use of the accommodation according to the Pregnancy Discrimination Act (PDA)? We’re concerned about her ability to get […]
In mid-September, the United Auto Workers (UAW), which represents nearly 150,000 auto workers, began targeted strikes at certain factories and warehouses around the country run by Ford, GM, and Stellantis NV (formerly Chrysler), the “Big Three” automakers. Although auto strikes against the Big Three aren’t unprecedented, this recent strike had two novel aspects. First, it […]
Recently, the U.S. Department of Labor (DOL) issued its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA). This new rule, effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule (2021 IC Rule). The 2021 […]
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, […]
While federal law is generally silent on the issue of shift changes and shift scheduling, more and more states and municipalities are enacting predictive scheduling laws to give shift workers more flexibility and schedule security. Federal Law Remains Mostly Silent The Fair Labor Standards Act (FLSA) generally does not require employers to give advance notice to […]
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 […]