Employment applications often seem to be a neglected area of employment law compliance efforts. There are several application questions that were once commonplace, but have become problematic because they increase the risk of claims and, in some cases, have been flatly prohibited. Below are five suggestions for revamping your company’s template application. Reduce the risk …read more »
Six Practical Tips for Employers on Video Recordings in the Workplace
These days, any employee can record video (with and without audio) of the workplace with his or her phone. And more and more employers are using video recordings to resolve employment relations investigations and disciplinary issues. To help employers with this growing use of video recordings in the workplace, below are six practical tips employers …read more »
Reversals Continue at Trump NLRB with Decision Giving Employers More Leeway to Enforce Investigation Confidentiality
In 2015, the NLRB drew criticism from the employer community when it ruled that an employer could not lawfully restrict employee discussion of a workplace investigation unless it established that it had a “legitimate and substantial business justification” for doing so in the particular case at hand that outweighed employees’ right to discuss such issues …read more »
The DOL’s Joint Employer Rule Is Final – What Now?
On January 12, 2020, the Department of Labor (“DOL”) issued its much-anticipated Final Rule updating its test for deciding when two different entities will be considered a joint employer and therefore may be jointly liable for wage and hour violations under the Fair Labor Standards Act (“FLSA”). The effective date of the Final Rule is …read more »
Carefully Plan Your Wage and Hour Audits
It is often recommended that employers periodically conduct wage and hour compliance audits to ensure that pay practices accord with the strict requirements of the law. The benefits of conducting such audits are that employers can eliminate liability moving forward for any errors they identify and correct, and such audits tend to show good faith …read more »
M2D Attorney Daniel Lenhoff Admitted to California Bar
Daniel Lenhoff, Senior Associate at the Firm, recently passed the California Bar Exam and took the California attorney’s oath to become a member of the State Bar of California. Daniel has assisted employers with issues specific to California employment and non-compete restrictions for years, and this will allow him to continue to do so as …read more »
A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 3)
This is the third and final installment in a series examining legal protections for gay, lesbian, bisexual, and transgender employees, written in anticipation of the U.S. Supreme Court’s upcoming decision on whether Title VII’s protections are broad enough to forbid discrimination based on sexual orientation and gender identity. Part 1 of this series examined the …read more »
DOL Proposes Clarifications to the Fluctuating Workweek (or “Half-Time”) Method of Calculating Overtime for Salaried, Non-Exempt Workers
On November 5, 2019, the United States Department of Labor (“DOL”) announced a proposed rule that would give employers more flexibility in the way they calculate overtime pay for salaried, non-exempt employees with inconsistent schedules. More specifically, the rule would expressly allow employers to offer bonuses or other incentive-based pay to salaried, non-exempt employees whose …read more »
Register Now: Mandatory FMCSA Drug and Alcohol Clearinghouse Coming in January 2020 for Employers of CDL Drivers
Starting January 6, 2020, employers must use a new Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse for drug and alcohol testing and verification of their drivers with Commercial Driver’s Licenses (CDLs). The Clearinghouse centralizes data about CDL drivers in a single database, and this article explains what employers need to report to the Clearinghouse and …read more »
Tips to Prepare for an ICE Visit
Last year, I wrote an article highlighting President Trump’s commitment to vastly increasing the number of Immigration and Customs Enforcement (ICE) worksite investigations. Recent events confirm that President Trump has not only remained true to his word, but that he is doubling down on this policy. For example, recently ICE agents raided seven different food …read more »