Employers – Post the New EEOC Poster in Your Workplace (It is REQUIRED)

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new workplace poster titled: “Know Your Rights: Workplace Discrimination is Illegal.” According to the EEOC, covered employers* must post this poster within the workplace going forward. Those who do not comply may be subject to fines for noncompliance. The law currently requires covered …

UPDATED FEDERAL FORMS PART 2: I-9 Identification Documents Must Be Unexpired

The Federal Government has updated some of its standard forms employers are probably used to seeing. Last week, we discussed the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. This week, we will discuss the changes to Form I-9. Federal law requires that every employer who recruits, refers …

The Employment Malpractices at the Yellowstone – Dutton Ranch: “Damn Right I Did It!”

With Season 4 of Yellowstone in the books, and having time to fully process the impact of the U.S. Supreme Court’s OSHA vaccine mandate decisions, we thought we would kick off the 2022 All Things HR Blog by taking a deeper dive into some of the eye-raising employment practices at the Yellowstone – Dutton Ranch. …

EEOC Lawsuit Reminds Employers of the Legal Issues Involved in Creating and Implementing Remote Work Policies

This fall, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a San Antonio-based workplace experience and facility management company, alleging that the defendant company unlawfully denied its employee’s request to work from home to protect herself from COVID-19.  This suit, which is the EEOC’s first of its kind, is a reminder to …

Why President Biden’s Plan to Vaccinate the Unvaccinated in Private Employment is a Lot of Buzz, but Likely Little Sting

The entire country has been abuzz about President Biden’s Plan for “Vaccinating the Unvaccinated.” The Plan would require private employers with 100 or more employees (“Covered Employers”) to ensure their workers are vaccinated from COVID-19 or tested weekly and to provide paid time off for employees to get vaccinated.[1] To execute this Plan, the Department …

The Legal Issues Involved in Implementing a Metrics-Driven Diversity, Equity, and Inclusion Program

For many employers, diversity, equity, and inclusion (“DEI”) programs are no longer mere “add-ons” to existing human resources initiatives—they are essential to conducting business in the current climate.  The events of summer 2020, including the incidents and protests involving George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, Elijah McClain, Jacob Blake, and others, have refocused …

Hey Employers, Can You Prove You Don’t Owe Multiemployer Fringe Fund Contributions?

Employers who sponsor employee benefits programs understand the importance of maintaining accurate records of benefit eligibility, elections, claims, payments, and other data.  Besides complying with ERISA’s record keeping requirements, keeping accurate benefit records is simply a prudent business practice.  In recognition of this, employers retain outside service providers such as consultants, third party administrators, insurers, …

What the American Rescue Plan Means for Employers

The American Rescue Plan (ARP) provides $1.9 trillion dollars in economic stimulus for individuals, certain companies, and municipalities. This blog focuses specifically on what the ARP means for employers. First Coronavirus Response Act (FFCRA) As of January 1, 2021, employers who were originally covered under the FFCRA (employers with fewer than 500 employees) were no …