By: Rob Parker Periodically, employers can be somewhat parental and make decisions that are well intended but can lead to problems. For example, an employer witnesses a senior employee lifting heavy boxes and decides to transfer the employee to a less labor-intensive position. The employee enjoys his position and does not want to be transferred. […]
September 25, 2018 | Category:
News
A decade ago, Thoran Towler, a labor and employment attorney at the time, had cases involving employees who were terminated for calling in sick when they weren’t physically ill but needed a day off work to unwind. Whether it was due to the stress of their job or dealing with depression — or perhaps their […]
New Requirements for Employers Who Use Third-Party Background Check Companies Beginning September 21, employers who use a third-party background check company to conduct background checks must use the updated Summary of Your Rights Under the Fair Credit Reporting Act. Background checks, provided by a background check company, that investigate a job applicant’s or employee’s credit, […]
On September 14, the National Labor Relations Board (NLRB), delivering on its promise from earlier this year, published a proposed rule that would change the definition of joint employer—returning to the pre-2015 definition. In 2015, the NLRB expanded the definition of joint employer to include indirect control over the essential terms and conditions of employment. Under […]
September 11, 2018 | Category:
FMLA,
News
Earlier this month, the Department of Labor released updated Family and Medical Leave Act (FMLA) notices and certification forms. The updated notices and forms expire August 31, 2021. With the exception of the updated expiration date, no substantive changes were made to the forms. The updated forms can be downloaded from the Department of Labor’s […]
By: Ashley Staab How does one white envelope strike such fear in an employer’s mind? When unemployment notices come in the mail, we start to feel a sense of dread. Often, employers want to do the “nice thing” and they do not contest the claim. But is that the best way? Do you want to […]
By some estimates up to 70% of employers are in violation of some provision of the Fair Labor Standards Act (FLSA). Misclassifying of employees as exempt is one of the most common violations and can be the most costly. Why is misclassification so common? Because the rules surrounding who is exempt are some of the most […]
By: Amy Matthews There’s some chatter lately about changing trends when it comes to managing performance and retention for employees. The annual performance review (with the obligatory raise) is on its way out the door for many companies. Even quarterly reviews are losing some steam. Instead, companies that are in touch with their culture are […]
By: Rob Parker Does your company use a staffing firm or temporary agency to fill positions for an interim assignment or on a temp-to-hire basis? What if one of those contingent workers asked you (not the agency) for a reasonable accommodation due to a disability? Would you have an interactive conversation with the worker regarding […]
The Family and Medical Leave Act (more commonly known by its acronym — FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. There is no question that FMLA provides important leave protections for employees, but often employers find administering it to be the source of many employment-related headaches […]