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With joint employer rule blocked, look for trouble ahead on new contractor rule

by Tammy Binford

Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better.

Mar 14, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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10th Circuit scrutinizes DEI training program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming...

May 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Leave obligations: Should employers pay during recommended absence?

Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined...

May 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

DOL updates guidance regarding FMLA

The Department of Labor (DOL) recently updated guidance regarding enforcement of the Family and Medical Leave Act (FMLA), and the updates will affect all employers. Let’s take another look. FMLA fact sheets First, the...

May 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Texas Supreme Court gives drafting lesson on employee write-ups

A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice...

May 01, 2024 · Employment Law Letter · Texas

Make your company a hard target for job scams

Your company’s talent is its lifeblood. Job postings for qualified individuals and other recruitment activities are vital to its operations. What happens, then, when scammers conduct phishing schemes to trick individuals...

May 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

Texas Supreme Court tackles hostile work environment claim

The Texas Supreme Court will soon decide a case involving a sexually hostile work environment claim. It will decide some still undecided legal issues that are important to all Texas employers. Read on. The sordid details...

May 01, 2024 · Employment Law Letter · Texas

Outsiders to be allowed in workplace for OSHA inspections

When the Occupational Safety and Health Administration (OSHA) conducts a workplace inspection, the existing “walk-around rule” regulation permits employees to designate a representative to accompany the inspector, but...

May 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

Clear, consistent paid-time-off policies are vital

Q An employee worked his entire 40 hours by Wednesday and has requested paid time off (PTO) for Thursday and Friday, bringing the week’s total hours worked to 56. Are we required to pay him for the additional requested...

May 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Company policies determine obligation to pay employee on leave of absence

Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined...

May 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Classify part-time, full-time employment to determine benefits

Many employers offer benefits to their full-time employees that they don’t offer their part-time employees. But when employees work part-time some weeks and full-time other weeks, determining their status for benefits...

May 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

AI in the workplace: Crafting policies for employees’ use of generative AI

Artificial intelligence (AI) is becoming increasingly prevalent in workplaces, providing new opportunities and new challenges for employers and employees. While AI has the potential to improve efficiency and productivity...

May 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Utah bans nondisclosure agreements for sexual harassment, misconduct

Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women...

May 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Request for remote work: What to expect when your employee is expecting

The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there...

May 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin