Internship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws

As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships Internships are generally intended to be educational opportunities for students or recent graduates to learn invaluable on-the-job skills, how to effectively work in a…

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Offensive Language May Be Protected Concerted Activity

The U.S. Court of Appeals for the D.C. Circuit ruled that the National Labor Relations Board sufficiently addressed the conflict between an employer’s obligations under federal antidiscrimination laws and employee’s rights under the National Labor Relations Act in finding unlawful an employee’s termination for writing “whore board” at the top of two overtime sign-up sheets.…

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Unlimited Time Off Presents Hidden Challenges for Employers

We have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and they want to give them the flexibility to take time off as/when needed – provided the work still…

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Top 10 Mistakes in Handling I-9 Forms

One of the things that we are constantly telling our clients about has to do with conducting internal I-9 audits.  We encourage them to not only correct any forms that need correcting, but also to change their documentation practices. We tell them that not understanding the difference between correcting I-9s and correcting practices leading to…

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Employer Considerations for Navigating Evolving Gun Laws

In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in the workplace. The Supreme Court’s opinion in New York State Rifle and Pistol Association v. Bruen resulted…

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Court Cases Show Mistakes to Avoid in ADA Compliance

Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot of complexity in determining what’s a covered condition and what’s an essential job function. Two of the biggest problems are employees who want…

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Federal Contractor $15 Minimum Wage Now Effective

The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and subcontracts, became effective on January 30, 2022. Contractors should determine whether they are covered by the final rule and, if…

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Department of Labor to Add 100 Wage and Hour Investigators

The U.S. Department of Labor will add 100 investigators to support its Wage and Hour Division, the agency announced Feb. 1. Investigators will conduct investigations to ensure workers are receiving their full wages, promote compliance through outreach and public education programs and aid in efforts to fight against worker retaliation and the misclassification of workers…

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When May an Employer Reject a Religious Accommodation Request?

An employer that requires vaccinations against COVID-19 must grant sincere religious accommodation requests, so long as they don’t cause an undue hardship on the company. How can a business tell whether an objection to vaccination is based on a genuinely held religious belief and accommodate without creating an undue hardship? Since it is so hard…

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