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REMOTE WORK AND THE RETURN OF COMPANY PROPERTY

An employee recently notified the company that they are resigning to accept another job. As part of the offboarding process, the company expects the departing employee to return all company property provided to them on or before their last day of employment. But what if they don’t? What can an employer do? This isn’t a […]

OFCCP ISSUES NEW CERTIFICATION REQUIREMENT FOR AFFIRMATIVE ACTION PROGRAMS FOR COVERED FEDERAL CONTRACTORS

Employers who have obligations under federal nondiscrimination and affirmative action programs now have a new certification requirement. The Office of Federal Contract Compliance Programs (“OFCCP”) recently rolled out a new Contractor Portal wherein covered federal contractors and subcontractors are to register and certify their compliance with affirmative action program (“AAP”) requirements. Federal contractors and subcontractors […]

NEVADA MINIMUM WAGE & DAILY OVERTIME BULLETINS RELEASED

Each year, on or before April 1st, the Labor Commissioner issues the annual minimum wage and daily overtime bulletins, which announce the rates that go into effect on July 1st of that year. The Labor Commissioner has released the bulletins for 2022 and, like last year, employers can anticipate an increase to both the minimum […]

EMPLOYING MINORS: RULES UNDER STATE AND FEDERAL LAW

Soon, schools will close for the summer.  Along with pools, barbeques and vacations, many minors across the state will seek to earn spending money through summer employment.  Employing minors presents an opportunity for organizations to simultaneously fulfill an increased need for staffing (particularly during the current labor shortage) while conferring a benefit to young people.  […]

HIRING AND RETAINING EMPLOYEES ACROSS GENERATIONS – PART 3: MILLENNIALS

Millennials.  Seldom has a word driven such fear and trepidation into the hearts of employers — but is this fear based in reality?  Let’s find out. Millennials, who were born between 1981- 1996, have one of the worst reputations out there. They are often described with words like lazy, entitled, demanding, spoiled, and, most often […]

EEOC RELEASES GUIDANCE ON CAREGIVER DISCRIMINATION

According to a recent report from AARP and the National Alliance for Caregiving (NAC), more than 1 in 5 adults, about 53 million people, are family caregivers in the United States. These individuals were significantly impacted over the last several years by the pandemic, having to juggle their work and caregiving responsibilities through quarantine, school […]

BAN ON MANDATORY ARBITRATION OF SEXUAL HARASSMENT CLAIMS

Defending your company against sexual harassment claims became a bit harder. On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The Act prohibits mandatory arbitration of sexual harassment and sexual assault claims. Since private arbitration is not an option anymore, employers […]

ADDITIONAL LEAVE AFTER FMLA MAY BE REQUIRED UNDER ADA

The settlement of a recent lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) highlights an important point regarding the interaction of the American with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) that often gets overlooked: the ADA may require additional leave beyond the leave provided by FMLA. The EEOC’s […]

RESPONDING TO PERSONNEL RECORDS REQUESTS

Inevitably, your current or former employees may request a copy of their personnel records.  Such requests are almost always precursors to a claim against the employer.  Therefore, employers justifiably react to personnel records requests with some trepidation.    Along with wondering what is the “other shoe to drop,” there may be confusion as to what must […]

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