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Employment Issues For Employers Archives

DOL Issues Final Rule On Franchisors' Wage And Hour Liability

On Sunday, Jan. 12, the U.S. Department of Labor issued a final rule on liability for franchisors and companies that outsource services to staffing agencies. The new rule, which replaces a policy put in place by the Obama administration, makes it harder for employees to prove that these companies are legally responsible when a franchisee or staffing firm fails to pay the minimum wage or overtime.

NLRB Rules McDonald's Is Not Responsible For Franchisee Actions

The National Labor Relations Board (NLRB), the agency that enforces some aspects of U.S. labor law, has told a federal administrative law judge to move forward with the approval of a settlement in a longstanding case against McDonald's. Union workers had sued McDonald's after numerous franchises were accused of labor law violations.

Limiting Potential Liability From Your Office Holiday Party

Everyone enjoys a good holiday party. It's a way to show your staff that you appreciate their hard work this year and to get everyone revved up for next year. Yet sometimes, things get out of hand. Certain poor choices could mean liability for your business.

Reducing Compliance Costs, Enforcement Priorities For DOL in 2020

One of the major priorities of the Trump administration's Department of Labor has been deregulation. The purpose of much of the deregulation is to reduce the cost of legal compliance for employers. At the same time, the DOL still plans robust enforcement of the law, according to the Solicitor of Labor. Other priorities include community outreach, helping employers comply with the law, and ensuring that workers know their rights.

Use Caution When Disciplining An Employee After A Complaint

The closer in time an adverse job action occurs to an employee's discrimination complaint, the more likely it is to be considered retaliation. And, a retaliation complaint can succeed even if the initial discrimination claim was baseless, a federal court recently ruled.

Educate Your Managers About Whistleblowers' Rights

With a major whistleblower story in the news recently, now is a good time to educate your managers and supervisors about whistleblower protection laws. There are more than two dozen federal laws that protect whistleblowers in various situations, including the Whistleblower Protection Act, most anti-discrimination laws, the Sarbanes-Oxley Act (SOX), the Dodd-Frank Act and others.

What Do Managers Need To Know About Reasonable Accommodations?

Federal law requires most employers to provide reasonable accommodations for workers with disabilities and religious needs. A reasonable accommodation is generally a change in the way the work is performed. It could include schedule changes, technology changes or even allowing the person to work remotely. The accommodation is considered reasonable if it would not create "undue hardship," meaning significant cost or disruption, for the employer.

What Can Employers Do To Reduce The Chance Of Workplace Violence?

According to the Occupational Safety and Health Administration, about 2 million U.S. workers each year are victims of workplace violence. While no one can predict or prevent every incident, employers do have a duty to take reasonable steps to keep their workers safe from workplace violence.

US Labor Department Issues Guidance Supporting Gig Economy Model

Companies like Lyft, Uber and the like have been using a new model for delivering their services to customers. Instead of hiring employees, they rely on contract workers -- even for their core business. This is often called the "gig economy" model.

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