2023 Blog Archives
November 29, 2023
NEW JOINT EMPLOYER RULE
The National Labor Relations Board (NLRB) recently released a final rule that expands the standard for determining when two employers that conduct business together are considered to be joint employers, thus being liable for each other’s unfair labor practices and labor law violations. Under the old rule, an employer could be considered a joint employer if it had “direct and immediate control” over the essential terms and conditions of employment, such as wages, benefits, work hours, hiring, firing, discipline, direction and supervision. The new rule provides t
October 3, 2023
POLITICS AND RELIGION IN THE WORKPLACE
Political and religious discussions in the workplace are increasingly causing problems for employers in these contentious times. Employees often have strong opinions about those topics, and expressing those opinions can cause workplace discord.
August 21, 2023
FITNESS FOR DUTY EXAMS
We have received several inquiries recently regarding fitness for duty exams. The Americans with Disabilities Act (ADA) permits fitness-for-duty examinations of employees only if they are job-related and consistent with business necessity. Objective evidence is needed to make this showing.
July 31, 2023
I-9 UPDATES
Last month we alerted you to the change in policy by the U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security (DHS), which announced that virtual review of I-9 employment forms will no longer be allowed effective July 31, with a grace period extending to August 30. This will resume the pre-Covid policy of requiring employers to conduct an in-person physical inspection of a new hire’s documents for the I-9 verifications.
July 12, 2023
SUPREME COURT AND RELIGIOUS ACCOMMODATIONS
On June 29, the U.S. Supreme Court issued a decision in Groff v. DeJoy that made it more difficult for employers to deny religious accommodations requested by employees.
July 6, 2023
Revised Workplace Posters
Revised Workplace Posters
Due to new rights granted under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), employers must display a new version of workplace posters.
June 19, 2023
I-9 VERIFICATION – REMOTE VS. IN-PERSON
All employers are required to verify the employment eligibility of new hires by completing the federal I-9 form for each hire. The form is available on the U.S.
June 6, 2023
NONCOMPETE AGREEMENTS AND THE NLRB
On May 30, the National Labor Relations Board (NLRB) General Counsel issued a memorandum announcing that many noncompete agreements violate the National Labor Relations Act. This memo comes in the wake of the Federal Trade Commission’s (FTC) proposed new rule that would ban noncompete agreements nationwide.
May 23, 2023
INTERNS AND VOLUNTEERS
Employers often use unpaid interns and volunteers in their businesses. The Fair Labor Standards Act (FLSA) has strict rules regulating those categories. Failure to follow those rules can result in expensive penalties from the federal Department of Labor.
