The best way to minimize company exposure to the risk of litigation is to ensure that your managers are trained to spot employment law issues prior to escalation. Untrained managers may think they are implementing appropriate solutions to workplace disputes; however,...
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Are Non-Compete Agreements Illegal?
What is a Non-Competition Agreement? A non-competition agreement, commonly referred to as a “non-compete” is an agreement between an employee and employer which limits the acceptance of outside employment opportunities for the employee, as well as the ability to work...
What is Retaliation?
The Fair Labor Standards Act (“FLSA”), the Occupational Safety and Health Administration, and Title VII of the Civil Rights Act protect against retaliation in the workplace. What if an employer takes an adverse action against an employee who complains about unlawful...
What to Know: Title VI of the Civil Rights Act of 1964
As student reports of antisemitic and Islamophobic discrimination are on the rise on campuses across the nation, the U.S. Department of Justice and U.S. Department of Education have released informational resources for the public. These resources include webinar...
New Proposed Federal Rule Could Make Millions of Workers Eligible for Overtime
Under the Fair Labor Standards Act, employees who work more than 40 hours a week are entitled to overtime pay. However, there are a few exceptions to this general rule. Under the law, employees are exempt from overtime pay if they: Works in a "bona fide executive,...
How Do the ADA and GINA Affect the Hiring Process?
Can employers lawfully consider an individual’s disability and/or genetic information during the hiring process? The short answer is not if the impairment or condition does not affect one’s ability to perform the essential functions of the job. Dolgencorp, LLC,...
Is it Unlawful to Fire an Employee with a Religious Objection?
Brownsburg High School initially offered an accommodation to a music teacher who raised a religious objection to the use of transgender students’ preferred names and pronouns. When the accommodation, using last names only, did not solve the issue, the school told the...
What Does the New PUMP Act Provision Mean For Employers?
Last year, President Biden signed the PUMP for Nursing Mothers Act (“PUMP Act”) into law. The PUMP Act serves to expand existing protections for breastfeeding parents through the federal Fair Labor Standards Act (FLSA). Although some portions of the PUMP Act go into...
What to Do When Cupid’s Arrow Strikes at Work
While the purpose of a workplace is to complete goals and tasks for the betterment of a business, friendships and relationships in this environment are inevitable. A recent study by Gettysburg College shows that the average person spends 90,000 hours of their life at...
Can An Employee Take Medical Leave for A Mental Health Issue?
If you are a private company with 50 or more employees, a public agency, or an elementary/secondary school, your business is covered under the Federal Family and Medical Leave Act (FMLA). This act requires covered employers to provide up to 12 weeks of unpaid,...