The 10 Most Common Mistakes in Employment Handbooks That Can Lead to Legal Liability
In this article, we decided to focus on 10 common mistakes that can expose your company to potential legal liability: Using a “one-size fits all” approach. It’s tempting to use a handbook template you find online as your own. It may be okay to use one as a place to start, but you should not rely on a template when drafting a handbook. Each business is unique with different policies and workforces, not to mention each may be subject . . . Read More
NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors
By Corey Argust In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint employer liability. Under this dramatic shift away from 30 years of NLRB precedent, prime contractors will be more readily held liable for their subcontractors’ labor law violations and they may be obligated to bargain with unions seeking to represent subcontractors’ employees. The NLRB’s . . . Read More
The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home
With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that could expose your company to liability: Don’t risk exemptions under the Fair Labor Standards Act (FLSA). Employers should exercise caution so as not to risk losing an employee’s exempt status that may trigger liability for overtime hours the employee worked prospectively and retrospectively. An exempt, salaried employee is . . . Read More
President Obama Follows States’ Lead in Establishing Paid Sick Leave
While you were soaking in the final days of summer this Labor Day, President Obama used the occasion to sign Executive Order (EO), “Establishing Paid Sick Leave for Federal Contractors.” The EO provides that, beginning on January 1, 2017, executive agencies include a provision in new contracts, contract-like instruments and solicitations, requiring Federal Contractors provide 1 hour of sick leave for ever 30 hours worked by an employee. The EO tasks the Secretary of Labor with issuing regulations on or before September 30, 2016. Contractors can expect . . . Read More
“Fair Pay” Rules Just Aren’t Fair
Women Impacting Public Policy (WIPP) recently submitted comments on proposed regulations that would require federal contractors to disclose labor violations from the past three years. This blog accompanies those comments as a summary of WIPP’s position. For more details or if this impacts your business, I encourage you to read the full comment here . Last summer, President Obama issued an Executive Order with the goal of barring bad companies from winning federal contracts. WIPP, along with most in the contracting community, agrees . . . Read More
Could Your Employees Be Eligible for FMLA Leave on Their First Day of Work? The Answer C
By Corey Argust It would be easy for employers to assume that they need not worry about an employee’s eligibility for Family and Medical Leave Act (“FMLA”) leave until at least one year has passed since the employee began working for the employer. This is because to be eligible for leave under the FMLA, an employee must have: 1) been employed “for at least 12 months by the employer with respect to whom leave is requested;” and 2) worked “for . . . Read More
Analysis of the Fair Pay and Safe Workplace Proposed Rule
The premise of the Executive Order is to improve contractor compliance with labor laws and to increase efficiency and cost savings in Federal contracting by requiring contractors to disclose violations of 14 labor laws and associated state laws in the three-year period prior to submitting a bid or proposal and to update these disclosures semi-annually in SAM. On May 28, 2015, the Defense Department, General Services Administration and National Aeronautics and Space Administration announced the Federal Acquisition Regulatory Council’s proposed . . . Read More
Top Five HR Headlines You Don’t Want to Miss!
If you have been paying attention to the headlines, you might have noticed that a lot has been happening in the labor and employment world recently. Here are our top 5: The Supreme Court Saves the Affordable Care Act … Again: On June 25, 2015, the Supreme Court held that the Affordable Care Act (‘ACA”) may provide nationwide tax subsidies for qualifying individuals to purchase health insurance. In King v. Burwell was a challenge to a fundamental component of the ACA, the use . . . Read More
The New Way We Work: Protecting Against the Legal Risks of Telecommuting
It is more likely than not that you have allowed one or more of your employees to work from home, either on a sporadic or regular basis. If not, you may face the challenge soon. The advent of the internet, cloud computing, environmental and community impact incentives, economic efficiency and the realities of our daily lives have made telecommuting extremely commonplace and attractive to many businesses. However, even as telecommuting becomes a widely-accepted method of completing work, many employers have . . . Read More
Proposed Rule Expected for White-Collar FLSA Overtime Exemptions
Secretary of Labor Thomas Perez announced yesterday that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the Office of Management and Budget (OMB). The proposed rule is in response to President Obama’s March 13, 2014 directive to the Secretary to revise the current regulations because of actual or perceived abuses of the exemptions and because the salary basis test has failed to rise at the rate of inflation. The salary threshold . . . Read More