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Joint Employer? Hidden Liabilities Abound

Yesterday’s Advisor pointed out the hidden liabilities when you have a joint employer. Today, minimizing those liabilities, plus an introduction to the book some call “The Wage/Hour Bible.” First of all, note that usually the employee may choose which of the joint employers to sue for any unpaid wages under the FLSA. However, through contractual […]

Whistleblower

Do Whistleblower Protections Apply if Only Internal Policies are Violated?

Free governments across history have encouraged people to come forward when they see the law being violated. The United States is no different. Most states, including New Hampshire, have a statute affording certain protections to people who report wrongdoing, with such individuals normally referred to as “whistleblowers.” The basic idea behind all of these statutes […]

Is All Paid Time Off Considered “Vacation”?

California employers are familiar with the state law making “use it or lose it” vacation policies unlawful, so you must pay employees any unused, accrued vacation upon termination of employment. But what is a vacation policy? Is all paid time off considered “vacation”?

NLRB Challenges Overly Broad Confidentiality and Nondisparagement Provisions in Severance Agreements

Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers that offer severance agreements to employees with broad nondisparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). What do employers need to know about this recent development in labor law? Background Section 7 of the […]

The Generational Shift Underway in the American Labor Force

The workplace is on the cusp of a significant transformation, driven by a generational shift that promises to redefine the professional environment. As Gen Z workers are poised to overtake baby boomers in the full-time workforce, their distinct priorities and values are set to shape the future of work. Gen Z Brings Unique Perspectives Gen […]

More Workers Protected from Disability Discrimation under ADA Amendments Act

by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]

A Shorter Commute Can Be Very Accommodating under the ADA, 2nd Circuit Says

Perhaps employers have been mistaken in assuming they never have to worry about a worker’s commute when accommodating a sickness or disability. In certain circumstances, an employer may be required to assist with an employee’s commute, the 2nd Circuit says in a recent opinion (Nixon-Tinkelman v. New York City Department of Health and Mental Hygiene). […]

For a Resilient Remote Workforce, Data Security Is Essential

Recently, Pew Research Center revealed that 59% of U.S. workers say their jobs can be done from home and they are working from home all or most of the time. As we inch closer to post-pandemic recovery, it is evident that remote work, to some degree, is here to stay. While remote and hybrid work […]

Pension

Borderless Pension Plans

As organizations become more global, HR leaders face the challenge of how best to reward and protect certain groups of their international staff. Pensions and savings benefits are often tightly bound by local rules and restrictions that can exclude some workers or render the benefits unattractive or insecure. One option is to look at the […]