We’ve all been there: An employee takes time off (think FMLA or other protected leave), and then you need to take an adverse employment action. Can you do so and risk the inevitable retaliation claim? Do you have to wait some amount of time so the employee’s potentially protected activity isn’t so fresh on everyone’s
President Trump’s sweeping AI Executive Order just stitched another layer onto the already tangled patchwork of state AI regulations — and employers may feel left out in the cold. But we have you covered. This week, we piece together the EO itself, the legal challenges that may cause it to unravel, and tips for employers
New Year, new legislation — California and New York are leading the way in restricting certain “stay-or-pay” provisions in employment contracts. These types of provisions are relatively common. For example, an employer may offer a signing bonus with the proviso that the incentive would be clawed back if the employee leaves before a specified period
As the year comes to a close, year-end performance reviews are in full swing. While these reviews may not be everyone’s favorite part of the job, they remain an important tool to support workplace development. This year, take a moment to revisit some best practices for conducting fair, effective performance reviews — and why these
Recently the Department of Labor and Equal Employment Opportunity Commission issued multiple items on national origin discrimination and anti-American bias. These materials signal that the agencies consider any national origin preference — including any actions favoring nonimmigrant visa holders — to be discrimination. Additionally, they make clear that multiple agencies view anti-American actions as an
In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?” As we forecasted last week, much like the Dickensian apparition, so, too, does our blog return to the
Whether it’s literal clockwork, the turning of the leaves, or the beginning of the holiday hubbub, fall is a season of change. Employers are noticing, too. In conjunction with third-quarter earnings reports, several large employers, such as Target, Amazon, Nestlé, UPS, Verizon, and Novo Nordisk, have announced large layoffs.
When did you last update your employee handbook? With the end of the year nearing, now is a good time. Your policies should provide clear guidelines to your workforce about what you expect of them. Policies should also be a guide to HR regarding complaint procedures, discharge procedures, and even investigations if those are a
Like almost every federal agency, things have certainly changed at the Equal Employment Opportunity Commission (EEOC) in the last 10 months. One of those significant changes has been the departure from investigation of claims asserting the “disparate impact” theory. A plaintiff in a disparate impact case, generally speaking, must show that a seemingly neutral policy
For those thinking that classifying workers as independent contractors is a cheaper way of doing business, beware. A California court just ordered a home healthcare business to pay $10 million in restitution and civil penalties for misclassifying its home care workers as independent contractors. The judgment in the case states that the company already was