Posts by Joe Boone
Election Day Leave Policies – What Employers Need to Know Before November 3
Even though it happens every four-years, it still tends to dominate the media, culture, and watercooler. We are, of course, talking about the presidential election. Election Day is Tuesday, November 3, but citizens have been voting in some states since late September. As the airwaves become inundated with political ads, telephones get overwhelmed with robocalls,…
Read MoreCOVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers. In early May, we predicted an uptick in a variety of claims, including those relating to workplace safety, discrimination in furlough and…
Read MoreCOVID-19 Furloughs May Present WARN Compliance Risk ‘Very Soon’
Furloughs that last for six months — among other reductions — could trigger the law’s notice requirements. During the initial wave of COVID-19 business closures and public health orders, many employers dealt with uncertainty by placing employees on furlough rather than initiating layoffs. The situation is such that more than six months into the pandemic,…
Read MoreEmployees Are Responsible for Logging Remote Work Hours
Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those hours, under new enforcement guidance issued by the Department of Labor (DOL) in late August. Under the federal Fair Labor Standards Act (FLSA), an employer…
Read MoreBack to Basics: Explaining Form I-9
Joel manages a garden center. He needs to hire a few extra hands to help with the extra customers shopping for mums, pumpkins and gourds in the fall. After interviewing a woman named Martha, he decides to add her to his team. Martha arrives for her first day. Joel gives her an apron, a nametag…
Read More3 Steps to Prevent Discrimination Complaints
Claims can take a toll on an employer’s reputation, finances, culture and more — not to mention the effect on employees directly involved. While the U.S. Equal Employment Opportunity Commission reported a drop in charges received last year, the more than 72,000 filed show that discrimination and harassment complaints are still very much a concern for employers.…
Read MoreSenate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum
The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…
Read MoreEEOC: Kroger’s Refusal to Exempt Workers From Wearing Rainbow Logo Was Discrimination
An Arkansas Kroger store engaged in religious discrimination when it refused to exempt two employees from a dress code that required they wear a rainbow heart logo, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit (Equal Employment Opportunity Commission v. The Kroger Co. dba Kroger Store No. 625, No. 4:20-cv-1099 (E.D. Ark., Sept.…
Read MorePay Transparency Takes Center Stage as More Workers Talk Wages
From video game publishers to coffee shops, pay disclosures are rattling HR. Sources say employers need to be careful when forming a response. In recent years, workers across entire companies and even entire industries have taken pay transparency to a new level via crowdsourced spreadsheets. One of the most recent examples comes from video game…
Read MoreAfter COVID-19, Emergency Savings May Be Even More Important for Benefit Plans
The pandemic-induced recession has forced many to access their long-term savings to combat short-term financial pressures, according to numerous sources. Prior to the COVID-19 pandemic, retirement preparedness and financial health were common concerns for U.S. workers. Now, a recession has forced many to dig into their long-term savings for short-term needs. Federal lawmakers recognized that…
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