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.

Alleged Whistleblower Must Only Prove Protected Activity Was ‘Contributing Factor’

On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast […]

The End of Non-Competes? What HR Professionals Need to Know About the FTC’s Latest Ruling

Non-compete agreements, often used to protect business interests by restricting the ability of employees to enter into competition with their former employers, have been a staple in employment contracts for years. As detailed in our previous discussion on non-compete agreements published on March 4, 2024, these agreements are designed to safeguard trade secrets and investments […]

Ask the Expert: Should I Disclose Tracking of Company Vehicles?

Question: Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? Answer: As a general rule, employers aren’t required to provide notice or obtain consent to install tracking devices on company-owned vehicles. There […]

Answers to Questions About Upcoming EEO-1 Reporting

It’s that time of year again! No, we’re not referring to spring. On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open its portal for filing 2023 EEO-1 data. The deadline for submissions is Tuesday, June 4, 2024. Are you ready to report? Here are some frequently asked questions (FAQs) about EEO-1 […]

Protecting Your Employees: Making the Most of California’s Workplace Violence Restraining Order Statute

While workplaces all have unique objectives and challenges, the desire to protect your employees from unlawful harassment is universal. Employees, in their day-to-day work activities, often interact with both members of their organization and members of the public. As employers, you hope that all of your employees’ interpersonal interactions are positive. However, this isn’t always […]

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 […]