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Tag: HR Management & Compliance

When Using AI at Work, Be Sure to Avoid Wage and Hour Claims

Employers are looking to save time and money and are turning to artificial intelligence (AI) to make employment practices more efficient. In early 2024, the U.S. Department of Labor (DOL) issued guidance to help employers navigate the use of AI. The takeaway is that eliminating humans from critical employment processes could result in a violation […]
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Determining Whether NDAs Are Enforceable in Sexual Harassment Cases

Like all good legal questions, the answer to whether a nondisclosure agreement (NDA) is enforceable in sexual harassment cases is “it depends.” An NDA or confidentiality agreement is a signed legal document that restricts one party from sharing certain information with others. In the 1940s, NDAs were originally used in maritime law, and in the […]
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Case Study: Posts on Personal Social Media May Constitute State Action

On March 15, 2024, the U.S. Supreme Court issued a decision in Lindke v. Freed that lays out a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if the official had the actual authority […]
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Ask the Expert: Do Employers Have to Compensation Employees for Days Missed for Jury Duty?

Question: We have an employee who was summoned for jury duty. Do we, as an employer, have to pay them for the days they’re missing work? Answer: Jury duty is an unavoidable but important part of our legal system. It is also time-consuming and will inevitably force people to miss work. Federally, there is no […]
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Microsoft Staffing Moves Raise Question of Merger

When companies are looking to quickly ramp up their human capital in a particular competency, one solution is to acquire or merge with an existing player in that field. While this option isn’t feasible for everyone—smaller businesses may not have the resources to purchase another company or even to afford the considerable legal and regulatory […]
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Take Steps to Ensure WARN Act Compliance in the Age of Remote Work

As remote work arrangements proliferate, it’s crucial for employers to remain compliant with legal obligations, including those outlined in federal and state Worker Adjustment and Retraining Notification (WARN) acts. State WARN acts are sometimes called “mini-WARN” laws. Generally, WARN laws require a covered employer to provide substantial notice (60 days for the federal statute) to […]
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U.S. Supreme Court to Decide Key Exemption Issue

On June 14, the U.S. Supreme Court agreed to decide an important Fair Labor Standards Act (FLSA) question—namely, whether an employer claiming an exemption from overtime needs to prove it by “clear and convincing” evidence (a very high standard) or by a preponderance of the evidence (a lower, easier standard to meet). The decision is […]
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Building a Culture of Compliance: Best Practices for Protecting Whistleblowers

Whistleblower protections are crucial for maintaining ethical standards and ensuring employee compliance within organizations. Whistleblowers play a vital role in uncovering misconduct that might otherwise stay hidden, thereby safeguarding the integrity and reputation of the company. Despite the significant risks whistleblowers face, their actions are essential in promoting transparency and accountability. HR departments have a […]
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Ask the Expert: How Do Employers Navigate FLSA Onboarding Requirements?

Question: What is considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date as well as time reviewing policies and procedures and completing training? Answer: Employee onboarding involves incorporating new employees into the organization by providing necessary knowledge and skills to succeed. As […]
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