Posts by Joe Boone
EEOC Proposes New Guidance to Help Employers Handle Evolving Harassment Issues
The U.S. Equal Employment Opportunity Commission (EEOC) recently released draft enforcement guidelines regarding workplace harassment, titled “Proposed Enforcement Guidance on Harassment in the Workplace.” This marks the EEOC’s first attempt to update this topic in six years. The EEOC previously issued draft enforcement guidance for public comment during President Trump’s administration. That 75-page proposed update…
Read MoreEEOC, NLRB and DOL Shutdown Contingency Plans
Once again we are poised on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time this happened in 2018, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational…
Read MoreTo Report or Not to Report: That is the Question – OSHA Injury and Illness Reporting
Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA records still face reporting obligations. Federal OSHA regulations require employers to report work-related fatalities within eight hours, and serious injuries within 24…
Read MoreIRS Orders Immediate Stop to New Employee Retention Credit Claims and Announces Future Settlement Program
The Employee Retention Tax Credit (“ERC”), enacted as a part of the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), is a fully refundable tax credit for employers, which is up to $26,000 per eligible employee. Because of the potentially large value of the ERC to employers, the Internal Revenue Service (“IRS”) has become…
Read MoreBehavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact
Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with allegations of abuse and harassment. In the last few months alone, a vast number of organizations have been the…
Read MoreExpanding Existing Bereavement Leave Policies to Account for Fertility Related Losses
Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility related loss, such as a miscarriage. Fertility related losses are very common (with more than 1 in 4 pregnancies resulting in miscarriage)…
Read MoreBring your Pet-to-Work Policies – The Do’s, the Don’ts, and the Cautionary Notes
If you’ve ever explored our bios it’s no secret that we are huge pet lovers over here! And, being a virtual Human Resources Consulting firm, we are lucky enough to work with our furry friends daily. For workplaces that are in-office or hybrid, we have seen various workplaces try to replicate this joy by introducing…
Read MoreDepartment of Labor Proposes Exempt-Status Overhaul
On August 30, 2023, the U.S. Department of Labor (DOL) proposed significant increases in the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). If the proposal is finalized as presented, DOL estimates that 3.6 million employees currently classified as…
Read MoreThird Circuit Court of Appeals Establishes Framework for Future FLSA Donning and Doffing Cases
On August 16, 2023, in Tyger v. Precision Drilling Corp., No. 22-1613, 2023 WL 5257688 (3d Cir. Aug. 16, 2023), the U.S. Court of Appeals for the Third Circuit reversed a grant of summary judgment to an oil drilling company that dismissed workers’ claims for gear-changing compensation. In doing so, the court sought to clarify…
Read MoreFifth Circuit Eviscerates a Requirement for Title VII Claims. What’s Next?
In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to an “ultimate employment decision.” As a result, a host of heretofore unactionable conduct just became subject…
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