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► NLRB's Joint Employment Plan Expected to Impact Employers

September 9, 2022

A plan from the National Labor Relations Board (NLRB) to make more employers susceptible to joint employer status is expected to make a major change to the landscape for employers that use staffing companies or operate under the franchise business model. The NLRB announced a Notice of Proposed ...

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► DOL to Publish New Independent Contractor Rule

August 29, 2022

Acting director of the Wage and Hour Division, Jessica Looman, announced the agency will issue a new final rule defining who is an independent contractor under the Fair Labor Standards Act (FLSA). This long-delayed announcement seeks to end the administration’s halting efforts to repeal ...

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► Tips on Tallying Up State Tax Withholding for Remote Work

August 19, 2022

One of the most sweeping economic changes arising as a result of the COVID-19 pandemic is the shift from in-person to remote working. Although many employees have returned to working on location again, factors indicate the labor market has evolved to accommodate remote workers more permanently. ...

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► COVID-19 Is Not a Natural Disaster Under WARN Act

August 18, 2022

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) has determined that the COVID-19 pandemic is not considered a natural disaster, thus it is not an exception to the federal law that requires businesses to give employees advance notice of mass layoffs. Employers ...

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► NLRB General Counsel Seeks to Facilitate Union Organizing

August 15, 2022

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo is taking aggressive positions designed to help unions be more successful in organizing. The GC is the agency’s top lawyer. While she can’t unilaterally change the law, she can argue prior precedent was ...

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► COBRA Notice Missteps Results in Retroactive Coverage, Penalties

August 12, 2022

Employers that provide retiree medical coverage for certain employees need to carefully consider how to integrate that retiree medical coverage with continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Many employers assume that if retirees receive retiree ...

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► Employment Verifications: One Size Doesn't Fit All

August 10, 2022

Imagine a stack of finalist job applications sits on your desk. One is the clear front-runner, but there’s a close second, a candidate who appears almost as qualified as the first. How can you be certain you’re hiring the most qualified candidate? A critical first step is to ...

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► FAQ: Can Employees Be Mandated to Work Overtime?

August 8, 2022

Question: Can employees be mandated to work overtime? What is the potential legal recourse if an employee refuses to work overtime that is needed? Answer: There is a good bit of confusion and misunderstanding among employees when it comes to certain rules involving work time and pay. ...

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► Must-Have Management Skills for the Post-COVID Era

July 22, 2022

When recruiting or training anyone who will be responsible for managing others, there are certain skills that should be at the top of your list for ensuring the person is effective in managing, coaching, and motivating others. Some of these skills are “evergreen,” while others emerged ...

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► How to Go from 'Great Resignation' to 'Great Recruitment'

July 19, 2022

Much has been said about the “Great Resignation,” the phenomenon of workers leaving without knowing when or if they’ll return to the workforce. Even though society has made progress adjusting to a new normal, many workers who left the workforce during the height of the COVID-19 ...

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