On February 21, the National Labor Relations Board decided (here) that nondisparagement and confidentiality provisions in a severance agreement that businesses give to employees are unlawful. The case involved a situation not unlike many your business may have encountered before. In 2020, COVID-19 restrictions caused the employer to furlough 11 employees because…
I’ve got some ‘splaining to do before we get into the meat and potatoes. First, if a company fires someone because they complain about discrimination, that’s retaliation. It doesn’t matter if the firing happens a day, week, month, or year later. If the complaint motivates the adverse employment action, and you get…
Last week, Governor New Jersey Phil Murphy’s office announced “a significant step for vulnerable workers in New Jersey” when the Governor signed A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights.” Here is a summary of some of the key provisions from the press release: In an effort…
I read on the U.S. Department of Labor website that unions help employees improve the workplace with “enhancements” such as “flexible scheduling, protections against harassment and safer working conditions – that improve the quality of jobs and workers’ well-being.” However, a union non-profit that touts itself as a provider of help to workers…
The U.S. Department of Labor’s Field Assistance Bulletin on employee telework is the blogging gift that keeps on giving. Last week, we addressed how to determine whether a remote employee is FMLA-eligible. Today, let’s get when you have to pay nonexempt remote workers for break time. In general, the FLSA…
Thank you for indulging me a day off from blogging yesterday. It’s tough to bounce right back when a referee rips your heart out of your chest with a ridiculous penalty call late in the fourth quarter of arguably the best Super Bowl game of all time. At least I’m…
Employees are eligible for FMLA leave when they have worked for the employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave, and work at a location where the employer has at least 50 employees within…
There’s a reason that they don’t teach “clairvoyance” in HR certification courses. (Although, it would be nice to have it to avoid some hires, amirite?) Attendance issues lead to termination of employment. The plaintiff in the Sixth Circuit decision I read last night had attendance issues. Bad ones. Beginning in…
If you went to the refrigerator to grab a cold beverage, you probably missed President Biden’s remarks about “beginning to restore the dignity of work.” So far during this administration, President Biden has signed a few employment bills into law. You’ve got the Pregnant Workers Fairness Act and the PUMP…
In 1985, Rocky Balboa single-handedly ended the Cold War with the USSR after defeating Ivan Drago. Leading up to the big fight, Rocky trained hard. The conditions were grueling and clearly unequal. Ultimately, however, Rocky overcame those long odds and prevailed. The plaintiff in the Fifth Circuit decision I read…