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Tag: Employment Law

Privilege of Dignity: Hospital’s Peer Review Was Protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer investigates an employee for potential harassment. In both instances, and in the absence of malice, those investigations are protected by the litigation […]
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Attacks Continue to Undermine DEI Programs

Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs. Edward Blum—founder of the organization Students for Fair Admissions (SFFA) that won the Harvard/UNC decision—and former Trump administration staffer Stephen Miller have aggressively challenged corporate […]
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Companies Seek Supreme Court Review of Federal Contractor Minimum Wage

Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies claim the wage hike was beyond the president’s authority under the Procurement Act. According to the companies, the “legal problem the mandate creates is straightforward: […]
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NLRB’s Administrative Law Judges Face Existential Challenges

Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as being apart from the concerns facing other agencies. Recent actions by the courts, however, have begun to challenge the Board’s self-regard. […]
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Ask the Expert: Are Absences Related to Fertility Treatment Covered by the FMLA?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Answer: Great question; complicated answer. The answer is complicated because a question about FMLA leave is always the start of a longer conversation about whether other […]
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The EEOC Has a 3-1 Democratic Majority

With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term, but things could change after President Donald Trump takes office. EEOC Has Received Nearly 2,000 […]
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DOL Confirms Cybersecurity Guidance Applies to Health and Welfare Plans

On September 6, 2024, the U.S. Department of Labor (DOL) confirmed its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best practices in cybersecurity for plan sponsors, plan fiduciaries, recordkeepers, and plan participants. The retirement plan industry took notice and has generally made […]
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Ask the Expert: Can Employees Be Held Legally Accountable for Paying Overpaid Wages Back?

Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]
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Employers Beware: The Tip Credit Is Back

Hospitality employers take note: The Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (FLSA) that allows employers to pay tipped employees a lower direct wage as long as their tips make up the difference to reach the minimum wage. However, the tip […]
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Corporate Transparency Act: Know If It Applies to Your Business

A new federal law that went into effect in January will likely affect many businesses in Wisconsin and across the country—in particular, many small businesses that may not even be aware of the new law. The Corporate Transparency Act (CTA) was enacted on January 1, 2021, as part of the Anti-Money Laundering Act of 2020 […]
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Talking Politics: Know When Employee Political Speech Is Protected at Work

With this year’s presidential election underway, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there’s nothing new about political coverage increasing during an election year, the unprecedented events during this year’s election cycle along with the extreme polarization of modern-day politics in America have led to increased levels of passionate discourse […]
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Presidential Politics and the Workplace

If Trump wins, one thing is certain: NLRB General Counsel (GC) Jennifer Abruzzo would be fired at once. Just as President Joe Biden sacked then-NLRB GC Peter Robb almost before the Inaugural Balls were over, Abruzzo would meet the same fate. Because the GC sets agency policy and decides what cases to pursue, the Board […]
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Ask the Expert: When Do Employees Qualify for Pregnancy Accommodations?

Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? Answer: The PWFA applies to employees as soon as they begin employment, and it also applies to applicants. Under the federal PWFA, […]
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Religious accommodations: Where do we stand?

Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some applications of Groff’s reasoning in lower court cases, and here are some takeaways you can apply when working through an employee’s […]
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Court Ruling May Necessitate Overhaul of Paid Sick Time Policies and Practices

The Arizona Fair Wages and Healthy Families Act requires all employers to provide a certain amount of paid sick time (PST) depending on the number of employees. Employers with at least 15 employees must provide at least 40 hours of PST to employees each year. The act also requires employers to follow certain notice requirements, […]
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Go for Bronze! Insights into Career Goals and Job Satisfaction

HR professionals are called upon to perform a variety of tasks, one of which is to counsel employees (and perhaps themselves) on performance metrics and career goals. So, along with sporadic watching of this year’s Olympics in Paris, I read with interest an insightful article by Derek Sivers titled “Think Like a Bronze Medalist, Not […]
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