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► Understanding the NRLB's New Joint Employer Rule Proposal

November 28, 2022

Over the last decade, there has been a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability issues for the secondary employer in areas such as wages and safety matters. The rules ...

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► California: Pot, Fast Food, Money, and Outer Space

November 23, 2022

New laws have recently been passed and signed on a variety of employment related topics. As Governor Gavin Newsom and the California Legislature moved to distinguish Sacramento from the nation’s other state capitals, some of these laws are pretty strange. S-P-A-C-E F-O-R-C-E ...

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► Federal COVID-19 Vaccine Mandates: Where Are We Now?

November 21, 2022

Last fall, we were furiously drafting mandatory COVID-19 vaccine policies for a variety of employers, including healthcare facilities, employers with more than 100 employees, and federal contractors. With the back and forth of whether a court would block implementation of the Biden ...

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► Do Employee Tracking Technologies Violate Labor Laws?

November 17, 2022

There are countless workplace technologies available to companies that enable them to track employees for various purposes. For example, many employers have GPS devices on company vehicles so they can track how efficiently deliveries are being made. But does the use of such technology violate ...

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► Avoid Discrimination with Your FSAs

November 14, 2022

Employers often provide an array of benefits to employees. One such benefit is a health flexible spending account (FSA), which allows employees to contribute pretax dollars to be used for unreimbursed medical expenses incurred during the year. FSAs are considered self-funded health plans and must ...

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► Employers Can't Mandate Arbitration of Sexual Assault and Harassment Claims

November 10, 2022

Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA) . In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of ...

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► EEOC Overhauls 'Know Your Rights' Poster

November 4, 2022

In mid-October, the Equal Employment Opportunity Commission (EEOC) released its “Know Your Rights—Workplace Discrimination is Illegal” poster. This replaces its previous “Equal Employment Opportunity is the Law” poster. What’s New The updated poster ...

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► Managing in The Age of "Quiet Quitting"

October 24, 2022

While “quiet quitting” may mean different things, the phenomenon is generally understood to refer to employees who feel disengaged at work and no longer believe they are a meaningful part of the company or its mission. Those who quiet quit report they have made a decision not to go ...

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► New Rule Aims to Tighten Independent Contractor Definition

October 20, 2022

As the U.S. Department of Labor (DOL) prepares to publish a new proposed rule on how individuals can be classified, employers are being warned to expect a tougher time justifying an independent contractor classification. The DOL will publish a Notice of Proposed Rulemaking on October 13 aimed ...

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► Handling Time Off Requests for Religious Observance

October 18, 2022

The holidays are just around the corner, and like every year, employers should start bracing for time-off requests. Many requests may be for religious observation. Employers should be aware and mindful of how they address requests. Indeed, according to statistics compiled by the U.S. Equal ...

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