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But my employees aren’t unionized! A trap for the unwary

by William J. Evans “But my employees aren’t unionized!” is a frequent exclamation uttered by employers when they learn they’ve been charged with violating their nonunion employees’ Section 7 rights under the National Labor Relations Act (NLRA). It’s a surprisingly little-known fact that the NLRA applies equally to union and nonunion workers. Accordingly, nonunion employers […]

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No-Match Letters Making a Comeback

The Social Security Administration (SSA) has been busy sending employers an “educational” letter, but you would be wise to read between the lines. With U.S. Immigration and Customs Enforcement (ICE) raising the heat on worksite enforcement audits, you should learn more about the impact the agency’s so-called educational letters can have on your immigration compliance.

What Employers Need to Know About Marijuana Drug Testing in the Age of Legalization

Employers have long relied upon drug testing as the most objective way to determine whether an employee is using drugs in a manner that impacts work.  With the ongoing trend towards legalization of marijuana across the county, the legal environment around drug testing for marijuana has never been more complex.  The Controlled Substances Act (CSA) […]

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Why Candidates Reject Job Offers

Attracting and hiring top talent can be a tough process, especially in a tight labor market. So, it’s especially frustrating when you make it almost to the end of the process, find a candidate you’d really like to bring onboard, and then the job offer gets rejected.

Turning Frequent Mistakes into Real-Life Training Opportunities

It can be tremendously frustrating to encounter the same mistake or oversight over and over again at work. Maybe it’s something as relatively benign as multiple employees forgetting to include certain information in their e-mail signatures, or maybe it’s something more serious, like repeated instances of employees downloading malicious applications or failing to follow data […]

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Don’t Delay in Returning Military Servicemembers to Jobs

Congress passed the Uniformed Services Employment and Reemployment Rights Act (USERRA) to protect employees who also are past or present members of the uniformed services, such as members of the military reserves. The statute requires private employers to promptly reemploy individuals who have taken time away from their work to serve in the military.

When Organizational Change Fails: What the Data Reveals

Organizational change is everywhere—whether in the form of restructuring, layoffs, M&As, or leadership shakeups. With artificial intelligence (AI) and, specifically, generative AI (GenAI) shaking up workflows and market shifts demanding agility, most companies are deep in transformation mode. But as companies plan their strategies, they’re at risk of missing the human costs involved. Organizational Shifts […]

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 […]