Legal
Cyber Monday And Online Shopping: 3 Things Employers Need To Know
It’s that time of the year again. Cyber Monday — the first work day following the Thanksgiving break — is expected break online shopping records. In 2018, retailers saw a 20% increase in Cyber Monday revenue as consumers spent over $7.9 billion on online transactions. Surprisingly, Cyber Monday has begun to outpace Black Friday, which…
Read MoreDeck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring
The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased workload. While seasonal employees generally work for only three to six months over the holidays, their brief tenure raises several…
Read MoreJust in Time for the Holidays – Does the ADA Require Braille on Gift Cards?
While litigation regarding accessibility of websites and mobile applications continues to swell, plaintiffs’ counsel are now pursuing new claims in serial litigation. With the holidays quickly approaching, many attorneys have set their sights on gift cards. Between Oct. 24-27, 2019, 33 putative nationwide class action cases were filed in two U.S. District Courts against an…
Read MoreVerify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement
There has been a surge in workplace enforcement actions by U.S. Immigration and Customs Enforcement (ICE), according to statistics published by Homeland Security Investigations (HSI), the division of ICE tasked with using civil investigations and criminal prosecutions to deter companies from hiring unauthorized workers. This surge in HSI investigations and penalties against employers signals a…
Read MoreDo You Need An Employee Handbook?
As a small business owner, it can sometimes feel impossible to do it all. It’s difficult enough to ensure that employees are performing quality work, let alone have to be concerned about issues with problems including attendance, the dress, and how each employee should work together. One of the ways to help enforce these rules…
Read MoreEmployers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA
On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow nonemployee union agents to solicit on employer property in…
Read MoreDon’t Dally on Your Data: Pay Data Required on EEO-1 Forms by September 30, 2019
The EEOC’s revised EEO-1 form, which now includes employee pay data, must be filed for covered employers for calendar years 2017 and 2018 by September 30, 2019. Remember that EEO-1 forms are required of all employers with 100 or more employees, as well as federal government contractors who have 50 or more employees and contracts…
Read MoreEEOC Explains How to Report Nonbinary Individuals on EEO-1 Form
As more employees have identified their gender as nonbinary rather than male or female, employers have struggled to determine how to report these workers’ gender on the EEO-1 form provided to the Equal Employment Opportunity Commission (EEOC). The EEOC recently has said in an FAQ that employers may report this information in a comments section…
Read MoreIntroducing ’Summer Cleaning’: A New Reason to Update Your Employee Handbook
Everyone is familiar with the concept of spring cleaning; maybe you even organized a few closets or cleaned behind your refrigerator last season. Those chores are good for your home, but did your spring cleaning efforts benefit your organization? Probably not. That’s why we’d like to introduce the concept of “summer cleaning.” Its purpose? To remind…
Read MoreYour Employee Filed An EEOC Charge. Now What?
Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…
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