Tag: Employment law

Workers and grief: What HR needs to consider when employees suffer loss

Knowing what to do when someone suffers the loss of a loved one isn’t easy, especially in the workplace, where some people are open about personal relationships and others strive for separation between their work and personal lives. But no matter an employee’s thinking, certain situations—particularly a death in the family—make explanations at work necessary. […]

FLSA

5 common myths about the FLSA

The Fair Labor Standards Act (FLSA) is a federal law that imposes minimum wage, overtime, record-keeping, and child labor requirements. Although the U.S. Department of Labor (DOL) enforces the FLSA, employees may file their own lawsuits under the Act. A lawsuit may be an individual action or a collective action, which is similar to a […]

Avoid singing the blues: how employers can mitigate wage/hour liability

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent lawsuits involved famous singers. First, Lady Gaga had a lawsuit brought against her by her former personal assistant, Jennifer […]

‘Snowflake’ test: Legitimate hiring tactic or invitation for trouble?

Anyone tasked with wading through stacks of resumes and talking to applicants lined up for interviews understands how frustrating and time-consuming hiring can be. It’s understandable that people in charge of hiring crave out-of-the-box solutions. But how far should employers go in their efforts to weed out applicants who clearly won’t be a good fit? […]

How to prepare for heightened immigration enforcement

by Elaine C. Young The employment-based immigration bar is bracing for heightened worksite enforcement from the Trump administration. To be sure, U.S. Immigration and Customs Enforcement (ICE) engaged in plenty of worksite enforcement during the Obama years. But the sentiment among the immigration bar, as we review updated policy memoranda and attend conferences at which […]

FMLA

Howard Stern’s day off : the danger of digging for details when employees call in sick

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence.  Although Stern’s absence was initially attributed to a “personal day,” many fans speculated that Stern’s sick father was the real reason he missed […]

Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]

Personal phones causing a problem at work? Damage control is possible

Smartphones. Certainly, they can be tremendous tools, but they also can be major distractions in the workplace. A recent survey from CareerBuilder placed cellphones at the top of a list of productivity killers at work, more of a problem than office gossip, social media, smoke breaks, and other diversions.  Phones are now so much more […]