The Fair Credit Reporting Act (FCRA) was enacted to promote accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies (CRA). Employment background checks are a form of consumer report, so employers that conduct background checks on job applicants or employees must follow the procedures outlined in the FCRA. Failure […]
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Institutions around the country are in turmoil, subject to loud clamoring about events in the Middle East. Many members of their communities are making claims of anti-Semitism, while there are counterclaims of Islamophobia. Public universities and institutions may have no way to avoid those disruptions, but fortunately private employers need not be pulled into that […]
The post Work Should Be a ‘No Politics’ Zone appeared first on HR Daily Advisor.
Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended a few weeks of time off until specific medical restrictions can be determined. What is our obligation to pay this employee during this doctor-recommended leave of absence? Answer: The leave of absence […]
The post Ask the Expert: Is PTO Appropriate When the ADA Doesn’t Require a Paid Leave of Absence? appeared first on HR Daily Advisor.
A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice. Legal Theory An important concept in Texas employment law is causation in a retaliation claim. For […]
The post Texas Supreme Court Gives Drafting Lesson on Employee Write-Ups appeared first on HR Daily Advisor.
Question: An employee worked his entire 40 hours by Wednesday and has requested paid time off (PTO) for Thursday and Friday, bringing the week’s total hours worked to 56. Are we required to pay him for the additional requested time, considering he had already worked his 40 hours and our handbook says PTO is to […]
The post Ask the Expert: Clear, Consistent Paid-Time-Off Policies Are Vital appeared first on HR Daily Advisor.
Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide, with very limited exceptions. The sweeping rule forbids any contractual term between an employer and a worker that prevents the worker from accepting employment with a competitor or operating a competitive business after the conclusion of the worker’s […]
The post Healthcare Industry Diagnoses Impact of FTC’s Noncompete Rule appeared first on HR Daily Advisor.
The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there hasn’t been much guidance from the courts on the topic. But that’s changing. Here’s what one Illinois appellate court has to […]
The post Case Study: What to (Remotely) Expect When Your Employee Is Expecting appeared first on HR Daily Advisor.
Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his […]
The post Utah Bans Nondisclosure Agreements for Sexual Harassment and Misconduct appeared first on HR Daily Advisor.
The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]
The post Number of Employer Union Election Requests Sees Huge Increase appeared first on HR Daily Advisor.
Gender-affirming care allows individuals to align their outward, physical traits with their inner gender identity. This care can include a range of social, psychological, behavioral, and medical treatments to help individuals develop harmony between their mental, social, emotional, and physical states. This type of care is recognized as medically necessary by major medical organizations, including […]
The post The Impact of Banning Gender-Affirming Care on Employees appeared first on HR Daily Advisor.
On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and […]
The post Key Takeaways from NLRB Decision Related to Displaying Black Lives Matter Symbol on Work Uniforms appeared first on HR Daily Advisor.
The U.S. Department of Labor (DOL) has published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA). The new rule requires an increase to the salary threshold for executive, administrative, and professional workers (EAP) and Highly Compensated Employees (HCE) to qualify for exemption from […]
The post Tight Around the White Collar – The New Overtime Rule is Here appeared first on HR Daily Advisor.
