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Although there has been a national shift to have employees return to the office in person, remote work continues to be prevalent. Indeed, a recent McKinsey employee survey showed that 58% of American workers had the opportunity to work from… more Continue reading Remote Work: Key Considerations for Employers to Keep in Mind

The use of non-disclosure and non-disparagement agreements to forbid employees from “speaking out” about certain workplace misconduct has recently been greatly restricted. On December 7, 2022, President Biden signed into law the Speak Out Act, which renders unenforceable non-disclosure and… more Continue reading Can Non-Disclosure and Non-Disparagement Agreements Still be Used to Keep Employees from “Speaking Out?”

Many of us thought working from home in our pajamas was over. Well, it’s not. On February 9, 2023, the Department of Labor (DOL) issued a Field Assistance Bulletin on teleworking. The good news is that employers are not required… more Continue reading Back by Popular Demand – The Pajama Game Now has Rules

The Fair Labor Standards Act (FLSA) guarantees overtime pay to millions of Americans in the event they work more than 40 hours per week, although there are several exceptions to the rule. A recent Supreme Court decision shows how a… more Continue reading Supreme Court Ruling in Helix Provides Warning to Employers about FLSA Misclassifications

Last week the National Labor Relations Board (NLRB) issued its latest precedent-shifting decision, this time ruling that a number of common severance agreement provisions violate the National Labor Relations Act (NLRA) simply by being included in a severance agreement offered… more Continue reading NLRB Strikes Damaging Blow to Enforcement of Confidentiality Provisions in Severance Agreements

The Occupational Safety and Health Administration (OSHA) is charged with facilitating safe working conditions in workplaces across the United States. While OSHA employs plenty of “carrots” to entice employers to do the right thing, there is no doubt that the “sticks”… more Continue reading OSHA Gets its Annual Enhancement of “Sticks” as it Prepares for a Busy 2023 

There are certainly advantages to using background checks in the hiring process to mitigate exposure to legal claims such as negligent hiring, supervision, and retention; liability for acts/omissions by employees under the doctrine of respondeat superior; and even damages caused by… more Continue reading Employer Background Checks Dos and Don’ts

Recently, the United States Department of Labor’s Wage and Hour Division (DOL) released new and existing resources it compiled to help workers living with cancer, their caregivers, and cancer survivors to understand and make use of their rights under the… more Continue reading DOL’s Resources for Workers Impacted by Cancer Can be Beneficial for Employers Too

The future enforceability of non-compete agreements nationwide has recently been called into question by the Federal Trade Commission (FTC). The FTC––which protects consumers from anticompetitive, deceptive, and unfair business practice––recently (January 5, 2023) proposed a rule to prohibit employers from imposing… more Continue reading Are Non-Compete Agreements on the Chopping Block?

On December 23, 2022,  President Biden signed into law two new acts giving more employment protections to pregnant and nursing mothers. The Pregnant Workers Fairness Act (PWFA) and PUMP for Nursing Mothers Act are bipartisan acts that were signed into law as part of an omnibus spending bill.   more Continue reading New Laws Provide Pregnant and Nursing Mothers Additional Employment Protections