By: Daniel Burke and Tommy Rogers*
The Occupational Safety and Health Administration (OSHA) defines workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening or disruptive behavior that occurs at the work site. It may range from threats and verbal abuse to physical assaults and even homicide ...
By: Liam McMillin and Tommy Rogers*
This week, the Department of Labor (DOL) proposed an increase to the Fair Labor Standards Act’s (FLSA) annual salary threshold from $35,568 to $55,068. The proposed rule could require overtime pay for considerably more workers than under the current law, or would require employers to increase salaries to ...
UPDATE (8/8/2023): The Equal Employment Opportunity Commission issued the long-anticipated Proposed Rule to clarify the implementation of the Pregnant Workers Fairness Act (PWFA) (https://public-inspection.federalregister.gov/2023-17041.pdf). The Proposed Rule is available for comments for the next 60 days, so the content is subject ...
By: Liam McMillin and Tommy Rogers*
There seems to be a lot of news these days involving non-compete agreements. Many companies are wondering whether their current non-competes are still enforceable, or if they should put a new one in place. Here’s the long-and-short:
In 2023, non-competes seem to be on the chopping block, but nothing has ...
By: Laura Caty and Cassidy Zang*
You walk into an interview, shake hands, and dive into the process. The first thing you are asked is, “Where did you go to school?” You provide the name of your undergraduate alma mater, but the supervisor replies, “No, I mean high school.” After finding out you both graduated from the same school, the ...
By: Daniel Burke and Cassidy Zang*
It’s no secret that the job market is facing some headwinds, with employers implementing layoffs and hiring freezes to avoid being overstaffed in the event of a recession. Another tool that employers may consider in this challenging economic climate is rescinding job offers previously extended to candidates.
In the age of social media, brand management, and on-line advertising, it is important to protect an employer’s ability to use content, photographs, videos and images created, captured and displayed on any medium or platform and internally. Do employers have the right to display images of employees? Do employers have to scrub all images of ...
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule to ban all non-compete clauses in employment contracts. The rule would ban employers from using such clauses going forward, but would also allow employees with existing non-competes to rescind, or cancel, those clauses.
The proposal comes after the FTC found ...
As the holidays draw near this year, Kris Kringle aka Santa Claus may need to reconsider whether he has properly classified his elves as employees or contractors to avoid any wage and hour pitfalls. The question of whether a worker is an employee or a contractor under the Fair Labor Standards Act has seen some changes this year. The U.S. Department ...
Let’s face it –employees are expensive. Labor costs are one of the biggest costs of doing business and go beyond just wages. They also include benefits, payroll, and associated taxes. Businesses with employees are required to comply with a multitude of local and federal regulations, and employees are legally entitled to benefits and ...