Attorney Harrison Oldham On May 30, 2023, General Counsel (GC) Jennifer Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. Abruzzo’s memo called for new legislation by the National Labor Relations Board (NLRB) to declare employee non-compete agreements unlawful under the National Labor Relations Act (the Act). This move […]
Hey Compliance Warriors! Reflecting similar legislation throughout the U.S., the CROWN Act in Texas prohibits workplace discrimination rooted in an employee’s “hair texture or protective style traditionally or typically linked to race.” The law goes into effect on September 1st, 2023. The legislation specifically mentions: – Braids – Locs (locks) – Twists […]
Hey Compliance Warriors! The use of artificial intelligence (AI) in various industries, including human resources (HR), is undeniably increasing. However, it is important to note that AI is generally seen as a tool to augment and assist human work, rather than completely replace it. In the context of HR, AI can automate […]
New York Begins Repeal of Healthcare Worker COVID-19 Vaccine Mandate The New York State Department of Health (the “Department”) announced on May 30, 2023, that “it has begun the process of repealing the COVID-19 vaccine requirements for workers at regulated health care facilities.” The requirement once served as critical public health tool. The Department […]
QUESTION: What constitutes an employee crisis situation and what can be disclosed under those circumstances? ANSWER: While employers are generally not covered by HIPAA in relation to employee files, there are times when disclosure of confidential employee information is allowed. The best practice would be to follow HIPAA as a model. Also, if […]
Hey Compliance Warriors! Discrimination based on weight and height is a rarely acknowledged yet prevalent issue that deeply affects many lives, including those of marginalized communities. Height and weight bias are unfortunately quite pervasive and, like many forms of discrimination, disproportionately harm certain minority groups, underscoring the intersectionality of bias and discrimination. […]
As aggressive marketing continues, the Internal Revenue Service today renewed an alert for businesses to watch out for tell-tale signs of misleading claims involving the Employee Retention Credit. The IRS and tax professionals continue to see a barrage of aggressive broadcast advertising, direct mail solicitations and online promotions involving the Employee Retention Credit. While […]
Hey Compliance Warriors! A federal court jury has awarded back wages of more than $22 million to the U.S. Department of Labor for more than 7,500 employees working for East Penn Manufacturing Company Inc. — one of the world’s largest battery manufacturers — after the department proved that the company failed to pay them […]
Washington Amends Law to Protect Off-Duty Marijuana Use in 2024 On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington will join the growing list of states offering some […]
QUESTION: How do I track FMLA for a week with a holiday? ANSWER: The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with the right to take up to 12 workweeks of job-protected, unpaid leave in a 12-month period for various qualifying reasons. Employees have the flexibility to take […]