Category Archives: Uncategorized

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How to Avoid Costly Beneficiary Designation Litigation – Helpful Hints for All Benefit Plans

Employer
When administering an employee benefits plan, it is critically important to provide clear and specific instructions as to how a participant can designate a beneficiary. A recent federal district court opinion in Florida demonstrates the potential pitfalls that plan administrators may face with respect to disputes over beneficiary status and provides guidance as to how administrators … Continue reading this entry

Employment Authorization Issues Arising From Corporate Restructuring

Authorization
American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017. Such corporate transactions raise a number of legal issues, including employment issues.  During its due diligence review, the buyer considers whether the seller’s workforce is covered by collective bargaining agreements, what benefits are … Continue reading this entry

One of Our Employees Died at Work – Am I Going to Jail?

(OSH) Act
Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be criminally liable for a workplace fatality?  It’s true.  Under the Occupational Safety and Health Act (OSH Act), when the cause of … Continue reading this entry

Right-To-Work Laws Continue to Gain Momentum at Federal, State, and Local Levels

EEOC
For nearly fifty years, the debate over “right-to-work” laws had largely been considered settled. The concept was popular in the south, where a number of states have had right-to-work-laws on the books since before the 1960’s, but had gained little traction elsewhere.  Though all states were free to pass laws adopting right-to-work, few states outside … Continue reading this entry

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

Trade Secrets
The long and contentious presidential campaign is over.  So, now what?  What does President-elect Trump’s victory mean for employers? To explore this question, Foley and Lardner LLP’s Labor & Employment Practice group hosted a webinar titled “What Will Happen When the Smoke Clears? HR Strategies for 2017 and Beyond” on November 10, 2016.  The team … Continue reading this entry

Finding a Balance Between Cell Phone Access to Work Email and On-Call Pay

da_wage
Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now easily connect to the internet to send and receive data. Unsurprisingly, it feels like most people have access … Continue reading this entry

The DOL's New Rx for Federal Contractor Employees

la_family
We have reported time and time again on the national trend of mandating paid sick leave for workers. As we noted last March, in a 2015 Executive Order, President Obama directed the U.S. Department of Labor (DOL) to issue regulations requiring federal contractors to provide paid sick leave to their employees. The DOL issued a final rule … Continue reading this entry

Decision 2016: A Refresher on Politics in Your Workplace

FEHC
Over the next few weeks, millions of Americans will cast their votes, concluding what has been a particularly contentious election cycle. Until then, as Election Day approaches and employees’ political passions continue to rise, employers should be mindful of their rights and obligations when it comes to voting and politics in the workplace.… Continue reading this entry

SCOTUS Sends Auto Workers Back to Circuit Court for Overtime Regulation “Repairs”

li_fairlabor
You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are entitled to overtime pay under the Fair Labor Standards Act (FLSA) has been the … Continue reading this entry

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

discrimination
In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting chestnuts from a fire for the pair to eat. However, as the cat removes the … Continue reading this entry

Do Not Overlook FLSA Duties in Light of New Salary Requirements

li_fairlabor
The upcoming change to salary requirements to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) has garnered a lot of attention. However, even with a strong emphasis on the changes to the salary requirement, employers should not lose focus on the duties portion of the test. The white collar exemptions … Continue reading this entry

EEOC Must Conciliate, But Still Few Answers Regarding Routine Separation Agreement Provisions

EEO Compliance
In February 2014, the EEOC sent waves through employer communities when it filed a lawsuit against a national retail pharmacy contending some of the company’s separation agreement provisions — which many considered “standard” and largely unremarkable — interfered with employee rights under Title VII and therefore violated the civil rights law. In October 2014, however, the … Continue reading this entry

Telecommuting - Employees Enter the Sharing Economy? (Part 1)

li_social
As onrushing technological changes continue to disrupt our society, the concepts of how we work and, more particularly, where we work, are not immune from that disruption. Forbes Magazine reports that 11 percent (8,000 employees) of Xerox’s employees now work remotely 100 percent of the time. At Aetna, as many as 43 percent of its employees … Continue reading this entry

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

di_disabilities
A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and applied to all similarly situated employees. The recent case involved a nurse at a hospital with a brain tumor. … Continue reading this entry