Archive for January 2020
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…
Read MoreShades 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…
Read MoreOne 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…
Read MoreIt’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…
Read MoreCaught Between a Rock (Labor Law) and a Hard Place (Employment Law)
What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I know: You would fire that employee, assuming you could identify who it was. However, what if this all…
Read MoreEmployer’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…
Read MoreDifferent Standards Apply to Equal Pay Act and Title VII Pay Discrimination Claims
The U.S. Court of Appeals for the Second Circuit, with its territory comprising the states of Connecticut, Vermont and New York, held that a plaintiff does not need to establish a violation of the Equal Pay Act in order to maintain a pay discrimination claim under Title VII. As the Second Circuit noted in Lenzi v.…
Read MoreTime 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…
Read More