Disclosing Tracking of Company Vehicles

Q:    Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? A:    As a general rule, employers aren’t required to provide notice or obtain consent to install tracking devices on company-owned vehicles. There are […]

This post is only available to members.

Disclosing Tracking of Company Vehicles Read More »

New Overtime Rule Nearing Publication

The Department of Labor’s (DOL) overtime rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees—proposed last Fall, is nearing the final stages of review and is likely to be issued by April 2024. OIRA Completing Final Review of Regulation On March 1, 2024, the draft regulation was sent to the

This post is only available to members.

New Overtime Rule Nearing Publication Read More »

Internal, External Communications Could Be Open to Discovery in Lawsuit

The significance of documenting employment decisions can’t be overstated and should come as no surprise to employers. Indeed, employment decisions that aren’t supported by documentation—such as poor performance reviews preceding a performance improvement plan—pave the way for lawsuits. Equally important and more often overlooked, however, are internal and external communications and associated documentation that may

This post is only available to members.

Internal, External Communications Could Be Open to Discovery in Lawsuit Read More »

Artificial Intelligence Use Continues to Rise in Employment

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as employee engagement. Intersection of Technology and Employment Law Throughout 2023, an increasing number of states and cities began limiting the

This post is only available to members.

Artificial Intelligence Use Continues to Rise in Employment Read More »

Counting Travel Time as Approved FMLA Leave is Fact-Specific

Q.   An employee took a few days off to care for her ill mother. Due to flight delays, she’ll be returning to work one day later than expected. Will the last day missed be counted toward Family and Medical Leave Act (FMLA) leave? A.   Generally, travel time should be included as FMLA leave when it’s intertwined with

This post is only available to members.

Counting Travel Time as Approved FMLA Leave is Fact-Specific Read More »

Pandemic Didn’t Take Away Right to Discharge an Employee Who Violates Policy

In an unpublished opinion issued January 31, 2024, the U.S. 4th Circuit Court of Appeals (which covers employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia) dismissed a case without a trial in favor of an employer on disability-based discrimination and retaliation claims. The court reaffirmed previous findings by the U.S. Supreme Court

This post is only available to members.

Pandemic Didn’t Take Away Right to Discharge an Employee Who Violates Policy Read More »

Beware New NLRB Beartrap

The National Labor Relations Board (NLRB) recently expanded the reach of claims based on the protected concerted activity of employees. It prevents employers from retaliating against employees who protest the terms and conditions of employment. When I was a new lawyer at the NLRB, my first trial assignment was such a case. Let’s do a

This post is only available to members.

Beware New NLRB Beartrap Read More »

PUMP the ‘Breaks’ on Disciplining Nursing Mothers

Q:   We have an employee who is currently breastfeeding and having issues with her performance. She’s reserving our mother’s room four times per workday for an hour each time. Is there a way to navigate this excessive use of the accommodation according to the Pregnancy Discrimination Act (PDA)? We’re concerned about her ability to get her

This post is only available to members.

PUMP the ‘Breaks’ on Disciplining Nursing Mothers Read More »

Employers with California workers must submit pay data by May 8

California employers have until May 8 to submit last year’s pay data to the state. The reporting portal opened Feb. 1. California law requires private employers with 100 or more employees and/or 100 or more workers hired through labor contractors to submit information annually on pay and demographics. While the law is not new, some of the

This post is only available to members.

Employers with California workers must submit pay data by May 8 Read More »

Non-FMLA Leave Can’t Be Designated as FMLA Leave

Q:  One of our employees is on intermittent Family and Medical Leave Act (FMLA) leave. She’s gotten sick and claims it’s unrelated to her reasons for being on FMLA leave. Can we include these days in her FMLA time and have them go unpaid? A:   No. Unless you have reason to believe she’s being untruthful, then you

This post is only available to members.

Non-FMLA Leave Can’t Be Designated as FMLA Leave Read More »

Scroll to Top