With the holidays around the corner, tis the season for a refresher on holiday pay laws and best practices! In general, the Fair Labor Standards Act does not require private employers to provide holiday pay. There are certain rare exceptions for private employers with federal contracts who are covered by the labor standards of the […]

As the weather starts to change, you might be one of the employers keeping an eye on key performance indicators to determine how 2023 is shaping up for your company. You might even be thinking, “maybe we’ll issue a bonus if the company reaches certain financial goals.” What a “treat” that would be for your […]

In just two cases, Stericycle, Inc. and Cemex Construction Materials Pacific, LLC, the National Labor Relations Board has made it possible for an employer’s maintenance of an “overbroad” handbook policy to result in the establishment of a union without an election. While that statement may seem like hyperbole, it is not.  The cases, particularly Cemex, […]

A recently proposed update to the EEOC’s workplace harassment guidance provides employers with a window into the agency’s current thinking, especially as it relates to emerging issues in the law. The proposed guidance also serves as a helpful resource for employers regarding the legal analysis the agency performs when investigating harassment claims and determining potential employer […]

An employee tells a colleague that he doesn’t even look gay. Another employee continuously mispronounces a colleague’s name because it’s too hard to say correctly. A female employee is constantly interrupted while speaking at a meeting. Although microaggressions may appear to be harmless or in some cases intended to be a compliment, they often stem […]

In June, the U.S. Supreme Court “clarified” the Title VII standard that covered employers must consider and use when handling employee religious accommodation requests.  The decision, in a case called Groff v. DeJoy, will change how courts assess religious accommodation cases.  That means employers who want to win in court (and who doesn’t?) need to […]

Non-competition agreements (also known as non-competes) have been a tool used by employers since America’s founding. Non-competes prohibit employees from working for a competing employer or engaging in other competitive activities, such as starting a competitive business, within a certain geographic area during their employment and for a period of time after their employment ends. […]

If you’re like me, seeing back-to-school supplies hit store shelves the second the clock strikes midnight on the 5th of July is bitter sweet.  I realize just how quickly the summer of Barbenheimer has flown by and that I need to savor every last minute. But, I also start to look forward to all things […]