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Search OptionsLabor and EmploymentIt is Time to Consider Revising Your Employee Non-Solicitation Provisions
Employment agreements frequently contain restrictions that disallow a departing employee from soliciting former employees and co-workers to join the employee’s new employer. These restrictions are also referred to as “non-poaching” employee restrictions. Restrictions of this type have generally… How to Identify and Curb Employee Abuse of Emergency Paid Sick Leave and Expanded Family Medical Leave and Still Comply With the FFRCA
Employers have spent much of 2020 figuring out how to administer and comply with the Families First Coronavirus Response Act (“FFCRA”) and its two leave provisions: Emergency Paid Sick Leave (“EPSL”) and Expanded Family Medical Leave (“EFML”). In the midst of all of these changes, employers likely… Key Considerations for Employers as Additional States Legalize Marijuana
For marijuana legalization, the 2020 election brought significant results with five states legalizing marijuana for recreational use, medicinal use, or both. Although marijuana use remains illegal on a federal scale, there are now 34 states that permit marijuana use in some form, and many other… What’s on Biden’s Wish List for Employment Reform?
Joe Biden campaigned on worker-friendly reforms, many of which require legislative action and Senate cooperation. But even if the Georgia runoffs leave Republicans in control of the Senate, the Biden Administration can unilaterally and dramatically impact employment policy through executive… Time to Tidy Up Remote Work Policies as Work from Home Arrangements Likely to Continue
2020 has been challenging for everyone with unique challenges arising in the workplace and impacting employers and employees alike. Remote work arrangements and compliance with the Fair Labor Standards Act (“FLSA”) have not made matters easier. With remote work likely to continue in 2021, it is a… Rock, Meet Hard Place: Reflections from 2020 on Compliance Risks Surrounding Workplace Diversity, Equity, and Inclusion Initiatives
“Daddy changed the world!” – Gianna Floyd, daughter of George Floyd This year has been a study in contrasts in so many aspects of life, including with respect to diversity, equity and inclusion (“DEI”) initiatives within the workplace. By any measure, the community conversation surrounding racial… Part 1: 2020 Case Law Highlights for Employers in Indiana and Beyond
From the COVID-19 pandemic to the election, a lot has happened in 2020. For employers, staying up to date on developments has become a full-time job. To alleviate some of the burden with staying up to date, this article is one of a two-part series that highlights key employment law cases that may… COVID-19 Safety Plan Compliance Alert: Re-Evaluate Current Plans as Measures Set to Continue through the New Year
Governor Holcomb recently published Executive Order 20-50 (the “Executive Order”) continuing “county-based measures and restrictions based on the impact and spread” of COVID-19 from prior Executive Orders. For Hoosier businesses and employers, COVID-19 safety plans are required and must reflect… Mandating COVID-19 Vaccinations: Employers Wrestle with Whether They Can and Should
U.S. employers are increasingly considering whether they can and should mandate that their employees receive a COVID-19 vaccination. To be sure, these are two very different issues. One is a legal question and the other a business decision that considers the additional issues of employee morale,… CDC Makes Key Changes to COVID-19 Recommendations Impacting When Quarantine is Needed and the Length of Quarantine
The Centers for Disease Control and Prevention (“CDC”) made two key changes to its recommendations concerning COVID-19 on October 21, 2020 and December 2, 2020. These changes impact when an individual is required to quarantine after coming into “close contact” with someone who had COVID-19 and… DOL Opinion Letter Addresses When Travel Time Between Work Sites is Compensable for Non-Exempt Employees
Employers with non-exempt employees who travel to and from various worksites should review and be aware of the impact of a recently issued opinion letter, FLSA 2020-16, from the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”), which addresses the issue of compensable time under… Training and Compensable Time: The DOL's Opinion Letter on when an Employee Must be Paid
On November 3, 2020, the Department of Labor (DOL) issued an Opinion Letter addressing various situations in which an employee was engaged in training activities and opined as to whether or not such training was compensable time under the Fair Labor Standards Act (FLSA). The FLSA requires… |
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