Antitrust concerns aren’t always at top of mind for human resources professionals. However, the federal antitrust agencies, the Federal Trade Commission and Antitrust Division of the Department of Justice, remind us that antitrust law certainly applies to employment decisions. The agencies recently issued a policy statement, Joint Antitrust Statement Regarding COVID-19 and Competition in Labor
We Just Learned We Have a COVID-Positive Employee: Do We Have to Tell OSHA?
Employers long have been required to record and report work-related injuries and illnesses to OSHA. A new question in the pandemic environment is whether you have to record an employee who tests positive for COVID-19.
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer recording
DOL Issues FFCRA Guidance and Poster with a New April 1 Effective Date
The Department of Labor now has issued guidance, questions and answers, and a poster for those employers covered by the recently enacted Families First Coronavirus Response Act (FFCRA), which we have summarized here.
Guidance and FAQ Highlights
Notably, the FAQ states that the effective date of the FFCRA is April 1 and
National Labor Relations Board Reverses Another Obama-Era Labor Board Ruling and Reinstates Historical Deferral Doctrine
The National Labor Relations Board in recent weeks has continued to overturn Board decisions from President Obama’s administration. In United Parcel Service, Inc., the current Republican-controlled Board returned to a long-standing legal standard for “deferring” unfair labor practices to private arbitration.
The Issue
Often when workers are disciplined, whether in a union or nonunion setting,
The NLRA, Protected Activity, and the F-Bomb
When, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). Specifically, the board is trying to clarify when workers can be protected from discipline for using profanity or engaging in harassing
When Hurricanes Cramp Your Business Style – Paying Employees in Weather Emergencies
When everyone’s phone issues that loooong beep indicating a hazardous weather warning or when you see Jim Cantore in your local airport, you know that weather could possibly affect your workplace. With hurricanes and tropical storms beginning to make landfall, we are re-posting this past group of tips on how to deal with extreme weather.
Don’t Dally on Your Data: Pay Data Required on EEO-1 Forms by September 30, 2019
The EEOC’s revised EEO-1 form, which now includes employee pay data, must be filed for covered employers for calendar years 2017 and 2018 by September 30, 2019. Remember that EEO-1 forms are required of all employers with 100 or more employees, as well as federal government contractors who have 50 or more employees and contracts
My Safety Complaint Was Unsafe for My Continued Employment
OSHA Safety Retaliation – What Is It?
Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational Safety and Health Administration (OSHA) enforces the anti-retaliation provision in this federal law and also the anti-retaliation provisions contained in many other
Riding the Storm Out—A Reminder on Employer Issues During Bad Weather
When everyone’s phone issues that loooong beep indicating a hazardous weather warning or when you see Jim Cantore in your local airport, you know that weather is possibly going to affect your workplace. With Gordon making landfall and other storms on the horizon, we are re-posting this past group of tips on how to deal
Bright Future in Sales? The Outside Salesperson FLSA Exemption
With minimum wage increasing at federal, state, and local levels and with wage and hour cases on the rise, we receive many questions about exemptions to overtime laws. One such exemption that does not get as much coverage as others is the “outside sales exemption.” If your company has an outside salesperson – selling goods