by Tammy Binford
Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better.
by Tammy Binford
Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better.
Over the past seven years, the U.S. Department of Labor (DOL) has attempted to increase the number of exempt employees who are eligible for overtime under the Fair Labor Standards Act (FLSA). On April 23, 2024, the DOL...
More than a year after the Federal Trade Commission (FTC) proposed a game-changing, nationwide ban on noncompete agreements, the agency issued its final rule for implementing the ban on April 24, 2024. The prohibition...
The general rule on noncompete clauses in the state of Nevada has been unchanged for some time. Unless there’s a public policy reason to declare them void, noncompetes are generally enforceable as long as they are...
Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming...
Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined...
The Department of Labor (DOL) recently updated guidance regarding enforcement of the Family and Medical Leave Act (FMLA), and the updates will affect all employers. Let’s take another look. FMLA fact sheets First, the...
A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice...
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s protections against discrimination “based on . . . sex” included sexual orientation and...
Your company’s talent is its lifeblood. Job postings for qualified individuals and other recruitment activities are vital to its operations. What happens, then, when scammers conduct phishing schemes to trick individuals...
The Texas Supreme Court will soon decide a case involving a sexually hostile work environment claim. It will rule on some still unresolved legal issues that are important to all Texas employers. Read on. Sordid details...
On April 17, the U.S. Supreme Court gave a long-sought victory to employees and the lawyers representing them. Its decision that a police sergeant’s discrimination claim based on a job transfer should go to trial expands...
When the Occupational Safety and Health Administration (OSHA) conducts a workplace inspection, the existing “walk-around rule” regulation permits employees to designate a representative to accompany the inspector, but...
Q An employee worked his entire 40 hours by Wednesday and has requested paid time off (PTO) for Thursday and Friday, bringing the week’s total hours worked to 56. Are we required to pay him for the additional requested...
We try to bring you the most current cases, but there are also classic cases that teach timeless lessons. What follows is a case that dealt with defining religion under Title VII of the Civil Rights Act of 1964 (Title...
Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined...