The U.S. Department of Labor’s Wage and Hour Division (WHD) recently announced its plan to launch a new pilot program, the Payroll Audit Independent Determination (PAID). Under this program, WHD will supervise the resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). While WHD [...]
Most employers in Wisconsin know that the Wisconsin Worker’s Compensation Act (Act) precludes an employee from suing his employer in a tort action (e.g., negligence actions seeking compensatory and punitive damages) for a work-related injury. The basis for this prohibition lies in the Act’s exclusive remedy provision, which states that [...]
It’s time to take a look at your non-competes. [...]
In July of last year, we blogged about the subtle changes reflected in the new Form I-9. In contrast, there was nothing subtle about Acting Director of Immigration and Customs Enforcement (ICE) Thomas Homan’s comments in October of 2017 – ICE plans on increasing worksite investigations of employers by “four [...]
Believe it or not, even the new tax law addresses sexual harassment, bringing several unanticipated changes for employers (and employees) that will impact how employers approach settling sexual harassment claims. Under the Tax Cuts and Jobs Act (the Act), employers may no longer deduct settlement payments and attorney’s fees for [...]
On Friday, Dec. 1, 2017, Peter B. Robb, the newly appointed and confirmed General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all NLRB Regions outlining his key legal interpretation priorities (click on “Mandatory Submission to Advice”). Through this memorandum, Robb directed all Regional Directors to [...]
Effective Jan. 1, 2018, the largest state in the nation, California, will join the national “Ban the Box” initiative by prohibiting criminal background inquiries in employment applications. California’s new law restricts employers’ scope, timing, and usage of criminal background check information in the hiring process. Similarly, public and private employers [...]
As part of efforts to ensure pay equality, many states and localities across the United States have passed laws that prohibit employers from inquiring about an applicant’s salary history at various stages of the hiring process. As a result, employers may need to revise their employment applications and the questions [...]
New allegations of sexual harassment against well-known figures, from Harvey Weinstein to Roy Moore and Matt Lauer, fill our newsfeeds on a weekly basis. Millions of people have joined the #metoo movement and shared their own harassment experiences on social media. The movement is likely to continue for the foreseeable [...]
In addition to paid sick leave laws (see yesterday’s blogpost), states continue to expand protections for family leave, particularly leave for new parents. Both California and New York have implemented new family leave laws that will take effect on Jan. 1, 2018. Below we provide a brief overview of each [...]
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