Posts from December 2016.

We're on holidays/vacation until the new year and will not have any posts this Friday or the following Friday, December 30. There may be exceptions for breaking employment-related news, assuming there is any. But we'll try not to have any. You've been through enough this year.

Christmas-tree.jpg
Much nicer than a test pattern, don't you think?

We wish you and your loved ones a very happy holiday season. Thank ...

Alyssa Peters
Alyssa Peters

Happy Holidays!  It's that time of year again.  A feeling of excitement in the air, presents, parties, frivolity, EEOC charges. . . . No, this is not a guessing game of “which word doesn’t fit.” With the end of the year coming to a close, and the holiday season culminating with one of the biggest Christian holidays of the year, EEOC charges and other workplace complaints ...

Partridge in a Pear Tree on Black With Room for TextOn the first day of Christmas, my true love gave to me

a new set of burdensome regs.

On the second day of Christmas, my true love gave to me

Two bias suits,

And a new set of burdensome regs.

 

On the third day of Christmas, my true love gave to me

Three comp claims,

Two bias suits,

And a new set of burdensome regs.

On the fourth day of Christmas, my true love gave to me

Four bathroom bills,

Three comp ...

The November-December edition of Constangy's Executive Labor Summary is out! David Hot Dog Man.flickrCC.JeleneMorrisPhippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor's overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez's run for chair of the Democratic National Convention, and some dude in ...

In our December edition of ConstangyTV's Close-Up on Workplace Law, host Leigh Tyson interviews Tommy Eden about the growing number of states that have legalized marijuana use and how employers in "legal pot" states should respond. Please tune in!

https://www.youtube.com/watch?v=aX5a2xqwhU4

Last week, I talked about why documentation is so important as part of an employer's legal defense.Fox with Quill Pen.flickrCC.Will

Today I'd like to talk about what good documentation should contain. Some of these are so obvious as to be almost ridiculous, but many supervisors and managers omit them. (Trust me!)

No. 1: It shows who wrote it. Remember when your fifth grade teacher gave you a zero on that ...

Robert Ortbals
Bob Ortbals

With employee mobility and desire for flexible work arrangements continually increasing, some employers are turning to non-compete agreements to limit the disruption to their workforces. But as some employers have been using non-competes with low-wage, unskilled workers, criticism has followed—including a recent White House call for states to ban ...

Bomb-Girl.flickrCC.TineyHo
Da bomb.

Documentation. What a pain! You have so many more important things to do. But taking the time to document is a good practice that may save you a lot of grief later.

I know that most of you already know what I'm about to say, but you can share this with your "operations" management.

No. 1. Good documentation provides you and your managers with a record. That's a big deal in itself, and it ...

USDOL Seal.flickrCC.DonkeyHoteySources within President-Elect Donald Trump's transition team said today that Mr. Trump's nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee's and Carl's Jr. A formal announcement is expected on Monday.

UPDATE (12/8/16): Well, I guess it's already official.

CKE's website has a bio of Mr. Puzder, but it has ...

Stephanie Underwood
Stephanie Underwood

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary:

Federal 6-in-1 Poster 

The U.S. Department of Labor made changes to some of the posters included in what is commonly called the Federal 6-in-1 Poster. The changes ...

Tommy-Eden.jpeg
Tommy Eden

As we expected here and here, the day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of commercial drivers' licenses. The effective date of the Final Rule is January 6, 2017, but transportation employers ...

The November edition of ConstangyTV's Close-Up on Workplace Law tackles workplace holiday parties, the legal risks, and how to minimize those risks. Hot Dog Man.flickrCC.JeleneMorrisHost Leigh Tyson interviews Gary Wheeler of our Jacksonville Office about what employers should and shouldn't do. If you haven't already done so, please subscribe to our YouTube channel.

The new, improved I-9 form. Elizabeth ...

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article in the Washington Post

Thank you all very much for helping elect us to the American Bar Association Blawg 100 for 2016. We were one of only five employment law blogs to make the list, out of approximately 4,000 blogs in all legal categories. Your support and your readership are greatly appreciated!HonoreeBadge

We had a lot of guest bloggers this year, and they also deserve credit for our success. So thank you very much (in ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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