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► FAQ: Rehire Waiting Period Rules

April 19, 2022

Question: What are the rules for the new hire waiting period if I rehire someone? Answer: Under the Affordable Care Act (ACA) waiting period rule (29 CFR § 2590. 715-2708(d)), “a plan or issuer may treat an employee whose employment has termin-ated and who then is rehired as ...

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► Bereavement Policies in the Evolving Workplace

April 15, 2022

Grief and bereavement leave are complex issues for many employers. Your policy may provide only three to five days of leave, while the fallout from the death of a loved one can rarely be encapsulated in such a relatively short time frame. In addition, even before the death occurred, you may have ...

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► Big Changes at NLRB: Expansion of Section 7 Rights

April 13, 2022

Under General Counsel (GC) Jennifer Abruzzo’s leadership, the National Labor Relations Board (NLRB) is poised to dramatically expand the definition of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA). The Board also intends to take ...

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► Time to Plan for Employing Minors this Summer

April 11, 2022

With summer approaching, many employers will be turning their attention to staffing up for the season. The summer workforce includes a substantial number of minors. So, this is a good time to consider the issues involved with hiring minor employees. Let’s Start with Regulations Of ...

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► Policy Changes Ahead as Bill Ends Forced Sexual Harassment Arbitration

April 8, 2022

A bill being called one of the most significant workplace reforms in decades means many employers will have to change the way they handle sexual harassment claims. On March 3, President Joe Biden signed H.R.4445 into law, making it one of the most significant modifi-cations ever made to federal ...

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► Employers Can Learn Lessons From New-Style Union Organizing Efforts

April 6, 2022

Labor organizing efforts have changed in recent years, and management would be wise to learn lessons from those develop-ments, according to attorneys who advise employers on union matters. In addition to new organizing strategies, change is sparked by a union-friendly climate in the ...

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► Is Morbid Obesity a Disability? Judge Lets Fired Doctor Pursue Claim

March 22, 2022

Given America’s long-running battle with weight issues, employees and employers are often asking a similar question: Is obesity a disability under the Americans with Disabilities Act (ADA)? For decades, the answer wasn’t so clear, but a Texas appellate judge has shed some light on ...

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► Equal Pay Act: An Old Law with New Twists

March 18, 2022

The Equal Pay Act of 1963 (EPA) is the oldest federal law prohibiting pay discrimination based on sex. The EPA is narrow in scope, applying only to employees working in the same workplace and preforming jobs that are the same or substantially similar. The law is highly prescriptive on the ...

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► What Employers & HR Pros Should Know about Antitrust Laws

March 17, 2022

Recent developments serve as a reminder for employers and HR professionals to be aware of the antitrust laws when dealing with certain employment issues. Background In July 2021, President Joe Biden issued  Executive Order (EO) 14036 , which affirmed the executive ...

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► #MeToo Message Received: Congress Nixes Arbitration Clauses

March 15, 2022

Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/ employee disputes to a private forum and outside of the courthouse. Employers are attracted to such clauses because they are believed to be cost-effective and a confiden-tial ...

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