Competition in U.S. Labor Markets: Non-Compete Clauses Increasingly Under Fire

I. Introduction Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities. No more. Over the past few years, the U.S. Department of Justice Antitrust Division (“DOJ”), the Federal Trade Commission (“FTC”), and various state attorneys general have focused significant attention…

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Shades of Gray: Should HR Regulate Romance at Work?

Romance at work isn’t necessarily a bad thing, but it can create consequences ranging from irritating to legally actionable. Employees can spend most of their waking hours at work, so, naturally, friendships can form; and out of some of those, romantic relationships will blossom. But sometimes those work romances cross a line or spawn consequences. The…

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One Promotion Too Far

As human resources consultants, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a…

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It’s Time to Review Your Employee Handbook

NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…

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Employer’s Good Faith Belief as to Employee’s Misconduct Sufficient to Support Termination

In a case that offers good news to employers, the U.S. Court of Appeals for the Eighth Circuit, with appellate jurisdiction over the following United States district courts: Eastern District of Arkansas Western District of Arkansas Northern District of Iowa Southern District of Iowa District of Minnesota Eastern District of Missouri Western District of Missouri…

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Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather

As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create stress and disruption for a business and its people, employers must not lose sight of the fact that the rules governing how you pay your employees…

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