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Commentary on the latest news and developments in issues that matter to our clients.

Department of Labor Headquarters
23 January 2020

Department of Labor Publishes New Joint Employe...

On January 13, 2020, the Department of Labor issued a new rule revising the test for determining “joint employer” status.  The final rule was published in the Federal Register on January 16, 2020, and becomes effective 60 days from that date. To provide context, the DOL and the Courts long ago concluded that two separate companies can […]

 
Signing Petition
16 January 2020

Ballot Initiative Pushes to Prohibit Discrimina...

A new front opened up recently in the fight over protections for LGBTQ employees in the workplace.  A group called Fair and Equal Michigan launched a ballot initiative to broaden Michigan’s civil rights laws to include protection of people from discrimination based on sexual orientation or gender in employment, housing, and public accommodations.  If the […]

NLRB Books
09 January 2020

Back to the Future: NLRB Rules Employers Are A...

Late in 2019, the National Labor Relations Board (NLRB) issued a decision that is welcome news to unionized employers. In Valley Hospital Medical Center, the NLRB ruled that employers can now stop collecting dues payments for the union upon expiration of a collective bargaining agreement, at least until a new Collective Bargaining Agreement (CBA) is […]

19 December 2019

Happy Holidays from The Personnel Files!

We appreciate everyone who has stopped by to check out our blog and especially those of you who have given us feedback and encouragement.  We’ll return to providing regular updates after the holidays, as there are plenty of updates to keep us all busy. In the meantime, as you prepare for your office (and maybe […]

Lactation Room
12 December 2019

California Employers – Are You Ready For ...

California employers are already required to provide non-exempt employees with a reasonable amount of break time to express milk for their infants in a “private place.” And fortunately for the infants consuming that milk, the “private place” cannot be a bathroom. Effective January 1, 2020, however, California will take the duty to accommodate nursing mothers […]

05 December 2019

“OK, Boomer” and Other Ageist Langu...

“OK, Boomer.”  This two-word phrase has been included in memes and countless Twitter posts recently.  Along with “OK, Millennial,” it references a generational debate that has picked up steam in recent years, especially on social media.  These phrases often are used to belittle or dismiss a person’s thoughts or opinion based on the generation in […]

21 November 2019

Service And Support Animals in the Workplace: ...

We often receive questions from clients about requests that both employees and customers (or patients) make to bring emotional support or service animals into the workplace.  Here’s a quick primer on what employers need to know about service and emotional support animals: What is the difference? A service animal is a dog (or sometimes a […]

chianlink fence
14 November 2019

NLRB Continues Trend of Limiting Union Access t...

In recent years, the NLRB has been rolling back past decisions that reduced employers’ property rights and granted individuals’ access to an employer’s property to engage in union activity.  In Bexar County Performing Arts Center Foundation, 368 NLRB 46 (Aug. 23, 2019), the NLRB took another step in that direction.  Bexar follows on the heels […]

Statue of Liberty
07 November 2019

TRO Issued for Immigration-related Presidential...

On October 4, 2019 President Trump issued a Presidential Proclamation suspending entry of prospective immigrants to the United States who will financially burden the United States healthcare system. Under the proclamation foreign nationals would be limited from entering the U.S. on an immigrant visa (as a Legal Permanent Resident or “Green Card” holder) unless the […]