The Times They are A-Changin’: More States and Cities Move Ahead of the Courts by Prohibiting the Use of Prior Salary Information in Hiring

In the last year a number of states and major cities have passed laws prohibiting employers from obtaining past income/salary information from applicants. States with current legislation include California, Delaware, Massachusetts, New Jersey, New York, and Oregon. Cities with current legislation include: San Francisco; Chicago; New Orleans; New York City; Albany County, New York; Westchester, …

The GDPR Covers Employee/HR Data and It’s Tricky, Tricky (Tricky) Tricky: What HR Needs to Know

The European Union (EU) General Data Protection Regulation (GDPR) comes into effect on May 25, 2018, so in less than 60 days. While many companies have been working to ensure compliance with respect to their customer and vendor data, one extremely tricky area that must not be overlooked is the GDPR’s application to employee/HR information. …

Asleep At the Wheel: The Growing Debate Regarding Obesity and Workplace Accommodations

As society continues to grow, pun intended, many new injuries and infirmities are entering the realm of “disability” putting employers more at risk at being caught in the crosshairs of the Americans with Disabilities Act (ADA) and comparable state laws (most of which track the original text of the ADA closely). Some of the extension is …

Five Common Employer Social Media Mistakes and How to Avoid Them

Social media has been and will continue to be an issue for employers. It has become the way people, especially Millennials, who make up a significant amount of the restaurant-industry workforce, communicate. When most employers think about social media in the workplace, they tend to think solely in terms of the high-profile social media firing …

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010.  This announcement is significant from both the procedural and substantive basis. From 2010 to July 2017, Opinion Letters were replaced by …

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama Administration. The first decision, Boeing Company and Society of Professional Engineering Employees in Aerospace, IFPTE Local 2001, took on …

Why Employers Should Avoid One-Size-Fits-All Handbooks

Every business is different and has different workplace issues and concerns that need to be addressed by the employee handbook. Because each workplace is so different, employee handbooks should be specifically tailored to address specific workplace concerns and issues, and also take into account federal, state, and local laws that govern that particular workplace. Application …