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.

Can Hypotheticals Render Restrictive Covenants Unenforceable?

On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can and cannot include in noncompete clauses with severed employees.

Effectively Leveraging the Attorney-Client Privilege

HR professionals routinely use legal counsel to obtain advice on compliance issues, risk mitigation, and many other legal issues. Whether it arises in the context of a one-off accommodation question or a months-long harassment investigation, the attorney-client privilege is a vital tool for protecting confidential communications between legal counsel and HR professionals. The attorney-client privilege […]

Restaurant and Service Dog: ADA Cautionary Tale for Employers

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat the customer because of her unfamiliarity with their dog and a history of other customers […]

Hypotheticals Can Render Restrictive Covenants Unenforceable

On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can and cannot include in noncompete clauses with severed employees.

New DOL Guidance Address Mental Health Leave Under FMLA

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]

The Importance of Responding to (and Paying) Workers’ Comp Premiums

In North Dakota, like all states, it’s extremely important for employers to properly identify (and classify) their employees and secure proper workers’ compensation insurance coverage. North Dakota’s Workforce Safety and Insurance (WSI) requires employers to identify their employees and submit payroll data so WSI can calculate the premium during that policy period. Failure to submit […]

NLRB’s Joint Employment Plan Seen Having ‘Profound Impact’ On Employers

A plan from the National Labor Relations Board (NLRB) to make more employers susceptible to joint employer status is expected to make a major change to the landscape for employers that use staffing companies or operate under the franchise business model. The NLRB announced a Notice of Proposed Rulemaking on September 6 that shows a […]

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]

Ugh, We Didn’t Think Like That: Cognitive Dissonance in Litigation

Litigation is hard, complicated, and always surprising. It can be very difficult for an organization to plan for the business issues that litigation brings. But no matter how many times you have dealt with litigation, some things seem to take businesses by surprise every time. These are all issues that are worth discussing with your […]