By: Douglas L. McSwain
The United States Department of Justice (DOJ), Criminal Antitrust Division, continues to prosecute ‘no-poach’ and ‘wage fixing’ conspiracy cases, often naming Human Resource (HR) Professionals and C-suite officers as co-conspirators at the center of alleged antitrust violations. With potential fines up to ...
By: Jordan Philley Saylor
The National Labor Relations Board’s (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, issued Memorandum 23-02[1] on October 31, 2022 regarding employers’ electronic surveillance and automated management practices in the workplace. The memo sought to address the growing trend of employers ...
By: Marianna J. Michael
As the Nation turns its attention to midterm elections, employers and employees alike are questioning whether employees are permitted to miss work in order to exercise their right to vote. The law in Kentucky has not changed since we first reported on it back in 2020. KRS § 118.035 requires employers to allow their employees ...
Let’s face it –employees are expensive. Labor costs are one of the biggest costs of doing business and go beyond just wages. They also include benefits, payroll, and associated taxes. Businesses with employees are required to comply with a multitude of local and federal regulations, and employees are legally entitled to benefits and ...
By: Michelle D. Wyrick
On October 19, the Equal Employment Opportunity Commission (“EEOC”) released a new “Know Your Rights” poster. Employers can download a hard copy of the poster here, and an electronic version of the poster here. The new poster replaces the EEOC’s previous “EEO Is The Law” poster.
Among other things, the ...
By: Jordan M. White
On October 11, 2022, the U.S. Department of Labor (DOL) announced the publication of its new proposed interpretation for workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).
In its notice of proposed rulemaking (NPRM), which was published on October 13, 2022, the DOL stated the new ...
By: Jordan P. Saylor
On September 6, 2022, the National Labor Relations Board (NLRB) published its new Proposed Rule on the standard for determining joint employer status under the National Labor Relations Act (NLRA). This new rule would replace the old standard put into place in April of 2020 and revive the Obama-era standard adopted in ...
By: Stephen C. Hall
When Rafael Nadal accepts the championship trophy at the end of a grueling tennis tournament, he holds it high. Shouldn’t we be more like Nadal when it comes to our accomplishments? Thinking like a champion and performing like one will bring attention to your great ideas.
THE CONTEXT
First, it’s important to appreciate the ...
By: Marianna J. Michael
While most employers actively encourage their employees to be their authentic selves during work, the newest app encouraging people to “Be Real” may lead to the disclosure of highly sensitive and privileged information. The “Be Real” app was created in 2020, but became increasingly popular in 2022. The app ...
Marking another win against discrimination, a growing number of states are passing legislation prohibiting discrimination against race-based hairstyles. The CROWN Coalition and its banner legislation, the CROWN Act, are gaining momentum throughout the United States.
The CROWN Act was created in 2019 by Dove, the CROWN Coalition ...