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Browning-Ferris reversal calls end to uncertainty on joint employment

Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14. The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees […]

Employee Handbooks And Policies: Employee Consent Not Required To Change Policies; Helpful Guidelines

Many employers make it a practice to periodically update their employee manuals and policies. But where do you stand if an employee objects to a new policy? In a recent case, a California Court of Appeal rejected a worker’s attempt to challenge a provision that was added to an employee handbook. More importantly, the court […]

Planning and process for internal I-9 audits

One of the best ways to avoid surprises during an audit by Immigration and Customs Enforcement (ICE) is to conduct your own internal I-9 audit regularly. This will give you the ability to uncover and correct all I-9 mistakes.

Suspicion of FMLA Abuse Does Not Justify Firing, Says Court

Just when you may have thought the road was clear to an “honest belief” defense that linked employee termination to suspected leave abuse under the Family and Medical Leave Act, a ruling has put the brakes on that notion. A California appellate court has issued a decision against a large auto retailer that should cause […]

Recruiting: Are We Allowed to Recruit Employees from Competitors?

Our company’s hiring managers always want me to recruit from certain competitor companies. I’d like to know what legal and ethical limits there are on my right to recruit employees from other companies. Can I cold call someone in a competing firm and ask if they would be interested in working for my firm? What […]

NLRB Now After Confidentiality, Workplace Access, Employment At Will

The hyperactive NLRB has fired salvos at employers on three new fronts—confidentiality, workplace access, and employment at will—and few employers will be left unscathed. The National Labor Relations Board’s (NLRB) recent rulings reflect a trend at the NLRB to find unfair labor practices in policies and procedures employers have long considered legitimate and proper.  For […]

New final rule updates sex discrimination guidelines for federal contractors

Federal contractors are getting a look at a new regulation aimed at preventing sex discrimination in employment, and while many contractors already are in line with its provisions, the new rule may create tension in some areas. The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) released a final rule on […]