DOL Explains When FLSA, FMLA Cover Remote Employees

?The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 to clarify the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers, as well... Read more »

Los Angeles Adopts Fair Workweek Measures

?Los Angeles recently joined Berkeley, San Francisco and Emeryville, Calif.; New York City; Philadelphia; Chicago; Seattle; Euless, Texas; and Oregon as jurisdictions that have enacted fair workweek legislation.  The Los Angeles Fair... Read more »

EEO-1 Reporting Will Begin in July

?Employers need to understand that the timeline for submitting their demographic data to the U.S. Equal Employment Opportunity Commission (EEOC) is somewhat different this year. The agency recently confirmed that EEO-1 reporting... Read more »

HR Can Help Prevent Misappropriation of Trade Secrets

?Nondisclosure agreements are one way to prevent the misappropriation of trade secrets. Employers can still use them after the Federal Trade Commission’s (FTC’s) Jan. 5 proposed rule to prohibit noncompetes, but only... Read more »

Discrimination Charge Did Not Cover Retaliation and Constructive Discharge Claims

?Takeaway: Title VII of the Civil Rights Act of 1964 generally requires an employee to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 300 days in deferral... Read more »

No Retaliation Found by Employer that Required Fitness-for-Duty Examination

?Takeaway: Employers should not use a general release for all medical records, but rather a release specifically related to the employee’s medical condition at issue. Such medical record requests should be consistently... Read more »

California Court Issues Favorable Background Check Ruling for Employer

?Employers in California are frequently faced with class-action lawsuits brought by current or former employees. Oftentimes, these actions are brought for alleged wage and hour violations, but we’ve seen an uptick in... Read more »

Federal Lawmakers Propose Ban on Noncompete Agreements

?A bipartisan group of Congressional lawmakers has introduced the Workforce Mobility Act of 2023, legislation that would largely ban the use of noncompete agreements in employment nationwide. Previously introduced in 2018, 2019... Read more »

Texas Bans DE&I Efforts in Hiring State Workers

?Texas Gov. Greg Abbott recently sent a memo to state agencies and public universities, ordering them to stop applying diversity, equity and inclusion (DE&I) policies in hiring, the Texas Tribune reported. The... Read more »

When US Employment Laws Apply Abroad and When They Don’t

?Sometimes U.S. employment laws apply to U.S. citizens who are working abroad, and sometimes they don’t. HR should know when these laws apply “extraterritorially,” as well as when U.S. law and non-U.S.... Read more »
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