Whether it’s allegations of favoritism, harassment, or unethical conduct, an efficient and impartial investigation can help employers root out actions that are harming the company and can provide evidence to support the company’s decision. All too often investigations are conducted without a clear plan and assigned team, leading to conflicting
Independent Contractors vs. Temporary Employees vs. Leased Employees? And the Winner Is…
More than ever before, companies are turning to contingent workers to meet their staffing needs. Indeed, according to a recent SAP and Oxford Economics report, 83% of executives state that their companies are increasing their use of contingent workers. But which type of contingent worker is best for your company? Leased employees? Temporary employees? Independent contractors? Companies often find themselves internally debating this issue. But with the penalties and liability associated with misclassification and handling of contingent workers so steep, there is no need to have this debate alone.
Wage & Hour Law Changes: What Does It All REALLY Mean?
Earlier this year, the U.S. Department of Labor (DOL) issued new proposed regulations under the Fair Labor Standards Act (FLSA) to dramatically increase the minimum salary required for most exempt employees to remain exempt going forward. The DOL regulations generated a huge number of comments, but now the DOL is getting ready to issue their final regulations and put the new requirements in place.
You’re invited to attend Troutman Sanders’ 2015 Labor & Employment and Benefits Seminar
Troutman Sanders invites in-house counsel, HR professionals and other executives and managers charged with labor and human resources responsibilities to attend a half-day labor & employment seminar to learn the latest news on recent employment cases, hear best practices in HR strategies and understand how to remain compliant with key HR laws.
My Boss Drives Me Nuts! But Is That A Disability?
Managing interpersonal conflict in the workplace is always a delicate and time-consuming duty for managers and Human Resources personnel. But what happens when an employee claims that he or she suffers from a disability due to stress from working with a specific manager or supervisor? Must the employer accommodate the alleged disability by transferring the employee (or the supervisor!) to another role within the company? According to a recent opinion from the California Court of Appeals, Higgins-Williams v. Sutter Medical Foundation, 237 Cal. App. 4th 78 (3d Dist. 2015), the answer is No.
New FLSA Regulations Are Here . . . But We’ve Got Miles To Go Before We Sleep
After months of anticipation and many rumors about when the U.S. Department of Labor would release new proposed rules on which employees are eligible for overtime pay, the day has finally arrived. After a speech on the topic by President Obama the night before, the DOL publically announced on the morning of June 30th its proposed regulations, thereby starting the process necessary for the regulations to take effect. HR pros need to understand these new proposed regulations, but also the timeline they will be on before they can have the force of law.
Federal Court Ruling Expands Reach of Non-Compete Law in California
California employers have long been aware that California state law prohibits inclusion of non-compete clauses in standard employment agreements. But, in a first of its kind case, a divided federal appeals court panel has interpreted California Business and Professions Code Section 16600 to also bar “no-employment” contract terms that prevent a former employee from working for the former employer or any entity in contract with the former employer. The court held that this type of provision limits an employee’s ability to work in contravention of the terms of Section 16600.
Not an April Fool’s Joke
Protecting alleged “whistleblowers” has become a greater and greater priority of government agencies in recent years. When agencies believe employers are taking actions that stifle the “whistleblowing” of employees, they are quick to take strong action. For the first time, an agency that gets plenty of attention from companies has joined in this effort.
Can Employers Prohibit Secret Workplace Recordings?
Our very own HR Law Matters contributor Jim McCabe has written an insightful analysis on whether employers can prohibit employees from secretly recording conversations in the workplace. The article was published yesterday on Law 360 and can be viewed here.
Cyber Threats and Online Defamation: Options When Former Employees Won’t Let Go
Online forums where anyone can post comments, reviews, or opinions about a company are growing in popularity. As a result, employers are finding postings by former employees who may have left on “bad” terms and now share their unhappy feelings with the world. Often such postings – while annoying and potentially embarrassing – are well within an employee’s rights. Companies need to remember that the former employee will likely soon grow tired of the cyber smear campaign, and such posts do not often cause meaningful damages (particularly the type that can be proven in court). Additionally, where such posts are on sites like Twitter or Facebook, the daily volume of postings means that any bothersome posts get moved down the feed pretty quickly. Most of the time the employer’s best bet is to follow the advice of Disney’s “Frozen” and just “Let it Go.”