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Human Resources

The U.S. Department of Labor today announced an extension of the effective date of the rescission of the “Joint Employer Status Under the Fair Labor Standards Act” final rule, the Joint Employer Rule. The effective date of the Joint Employer Rule is October 5, 2021.   The rescinded rule included a description of joint employment contrary […]

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Attorney Harrison Oldham On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test […]

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In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period […]

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Disciplinary actions or reprimands are unfortunately a part of the working world.  Like it or not, there will be times when it’s necessary to discipline an employee, whether for performance issues or behavioral issues.   There are many ways to handle disciplinary issues, but one of the most important aspects is that disciplines be handled […]

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Hey Compliance Warriors!   During National Small Business Week, the Internal Revenue Service reminds business owners that it’s critical to correctly determine whether the individuals providing services are employees or independent contractors.   An employee is generally considered to be anyone who performs services, if the business can control what will be done and how […]

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Hey Bosses! Join me on September 21st, 2021 at 1:00 pm CST for a 90-minute breakdown of the steps you are required to take and the elements you are required to document when conducting a harassment or discrimination investigation in your workplace. During this Call we will answer the following questions: What conditions trigger an […]

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New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that companies have […]

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Maybe. Generally, the law provides for religious exemptions or accommodations when a company policy crosses a “sincerely held belief”. The EEOC has commented on this in detail advising that the Interactive Process be used to determine what accommodation, if any, is available.  https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation    See Section K 1. here https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws   So, how does an employer […]

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Hey Compliance Warriors!   On July 9th, OSHA gave a few short comments to the press regarding the order President Biden has given to create another COVID – 19 ETS requiring employers with 100+ employees to mandate vaccines or require weekly testing of all unvaccinated employees.   Attorney Fiona Ong at Labor & Employment Report […]

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Bourne’s House, LLC, doing business as Bourne’s House Restaurant, violated federal law when it fired and then later refused to rehire a worker because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed September 8, 2021.   According to the EEOC’s lawsuit, a manager at the company’s Franklinton, Louisiana, […]

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