by Gary S. Fealk
Businesses often find it advantageous to hire independent contractors to perform a variety of duties in place of employees. Using independent contractors can reduce expenses for payroll taxes and benefits, avoid the impact of laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and arguably [...]

by Gary S. Fealk
Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay.

by Susan Hartmus Hiser
Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if he’s [...]

by Lorraine Yeomans
The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana.
On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine signed the [...]

by Debbie Clephane
There are three areas of immigration policy that will most certainly be at the forefront of President Barack Obama’s immigration agenda: (1) enhanced border security, (2) a refocus on employer responsibility, and (3) passage of comprehensive immigration reform. This article provides a glimpse of what we can expect from the new administration.

by Jesse Goldstein
The White House and the U.S. Department of Homeland Security (DHS) recently released their proposed budgets for fiscal year (FY) 2010. Both budgets contain discussions of immigration-related priorities, offering a glimpse of what the new administration may choose to pursue this year. Even though he is obviously facing several domestic economic challenges, [...]

Last week, we discussed four employment law issues state legislatures will be grappling with in 2009 — layoff notification laws, immigration, the Americans with Disabilities Act (ADA) and it’s state equivalents, and unemployment benefits. This week, we’ll discuss four more – family and medical leave, workplace discrimination, minimum [...]

by Gary Fealk
There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress.

by Susan Hartmus Hiser
Q: Our company is downsizing its operations, and we would like to offer an incentive package to certain employees as an inducement to leave voluntarily. If we do, can we obtain a release of all claims from the employees who accept the incentive package?

by Gary Fealk
Downsizing can be an effective strategy for building a more efficient organization going forward. But it can also lead to legal liability and may not accomplish the desired cost savings unless an employer implements a carefully considered plan.
HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination, termination, [...]