What Employers & HR Pros Should Know about Antitrust Laws
Recent developments serve as a reminder for employers and HR professionals to be aware of the antitrust laws when dealing with certain employment issues.
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.
The Art of Reporting Up
Employees often bemoan the symptoms of poor communication with their superiors. This might include feeling like they aren’t getting the recognition for their good deeds or are getting blamed for things beyond their control. Or it might include feeling like the superior is simply out of touch and doesn’t appreciate the needs of the employee. […]
My Work Rule Is Legal Today, But What About Tomorrow?
Whenever the White House switches from one party to the other, there are risks because new appointments to the National Labor Relations Board (NLRB) mean changes will occur in how it interprets and enforces the National Labor Relations Act (Act). Based on a recently issued notice and invitation to file briefs, all signs indicate we’ll […]
Conjunction Junction, What’s Your Function? Apparently, Deciding Harassment Cases
The words “and,” “but,” and “or” are conjunctions. In case you’ve forgotten, Schoolhouse Rock taught many of us in grade school that conjunctions link words, phrases, and clauses together to form sentences. But in case you were sleeping in class that day, the Minnesota Court of Appeals recently provided a great crash course when it […]
#MeToo Message Received: Congress Nixes Arbitration Clauses
Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/employee disputes to a private forum and outside of the courthouse. Employers are attracted to such clauses because they are believed to be cost-effective and a confidential resolution of claims. As part of the #MeToo movement, however, such […]
More Flexibility with Form I-9 Compliance Expected in 2022
Like nearly all aspects of employment law today, immigration law hasn’t been immune from the effects of the COVID-19 pandemic. The trend is likely to continue throughout 2022, particularly with regard to employment authorization documentation. The federal government is looking to consider additional flexibility for employers working to comply with the requirements.
Friday Night Lights Meets Supreme Court: Will Religious Freedom Get the Game Ball?
Many of our readers are school districts or public employers whose employment law issues sometimes diverge from those of private businesses. Here is one: Government employers must respect employees’ First Amendment rights to free speech and religious expression. Private employers have no such legal duty. The contours of the rights (essentially to be free from […]
New Government Contractor AAP Verification Process in the Works
Last fall, the Office of Federal Contract Compliance Programs (OFCCP) received approval from the Office of Management and Budget (OMB) to implement a new online platform—the Affirmative Action Program Verification Interface (AAP-VI)—to collect information from covered federal contractors (including covered subcontractors) about their AAPs. Read on to learn when the portal will go live, although […]
Recertification Request Doesn’t Interfere with FMLA Rights
An employer’s request for medical recertification to establish eligibility for Family and Medical Leave Act (FMLA) leave didn’t violate the Act, the U.S. 8th Circuit Court of Appeals (which covers Arkansas) recently ruled. Missing 16 consecutive days rather than the expected four to five days set forth in the original medical certification was a significant […]
Unconditional Offer to Reinstate Employee Prevents Wrongful Discharge Claim
I often receive calls from employers that say they just met with an employee to talk about job performance, the session didn’t go well, and now the company has received a bizarre communication from the individual and doesn’t know how to proceed. After I’ve read the message and talked with the employer, it becomes clear […]