How to Minimize Your Risk in an Offer Letter

You have found the best candidate for the job you’re filling, and your offer is accepted, but sometimes unpredictable things happen. For example: What if you need to rescind an offer of employment? What if a candidate starts before their background check is complete and they don’t meet the requirements of the job when the…

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Contractor Agreements Subject to Federal/State Law Prohibitions on Confidentiality and Nondisparagement

In yet another example of laws blurring the distinction between employees and independent contractors, organizations need to beware that the prohibitions on confidentiality and nondisparagement agreements embodied in the federal Speak Out Act and various state laws often are equally applicable to independent contractor agreements. The motive behind these prohibitions is driven by the egregiousness…

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Employers, Don’t Forget About the Flu!

Prior to the COVID-19 pandemic, many employers did not have flu-specific policies and procedures (healthcare employers being one significant exception). However, seasonal flu can be a serious and dangerous illness, and employers should not treat it lightly. Many of the lessons we collectively learned from COVID-19 are equally applicable to the flu. And employers should…

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Changes in Gun Laws Affect the Workplace

Recent changes in state and federal laws have affected an individual’s ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals’ gun rights with maintaining a safe workplace. Federal Gun Laws Employers have a…

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Should Your Workplace Require Flu Shots?

The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The flu season typically runs between October and May with a peak in January and February,…

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‘Tis the Season for Employers to Review Their Employee Handbooks

With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur outside of the physical workplace, present distinct risks for employers. To maintain a safe, respectful, and healthy work environment, employers should consider…

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Good Policies, Good Results – Have You Checked Yours Lately?

A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment. Most employers probably already have such a policy. But if it is not comprehensive in scope, and if it is buried in…

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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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Intersection of ADA, COVID-19 Requires Creative Reopening Policies, EEOC Official Says

The EEOC has received hundreds of charges involving both COVID-19 vaccination and the ADA, according to Evangeline Hawthorne, the agency’s Tampa field office director. The U.S. Equal Employment Opportunity Commission has received thousands of charges related to COVID-19 since the pandemic began. As of December 2021, more than 2,700 charges were related to COVID-19 vaccines,…

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