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NLRB Vacates Employer-Friendly Joint-Employment Decision

When the National Labor Relations Board (NLRB) issued a decision on joint employment on December 14, 2017, many employers breathed a sigh of relief as the Board reinstated an old employer-friendly standard on what’s considered joint employment. But now employers find themselves once again judged by the previous, less friendly standard after the NLRB took […]

Unwary Employers Risk Being Caught in Nondiscretionary Bonus, Regular Pay Rate Trap

The regional director for the Wage and Hour Division (WHD) of the Department of Labor (DOL) has recently underscored the compliance obstacle that continues to confound employers: whether to include bonuses in the “regular rate” when calculating the overtime pay rate for nonexempt employees. Nondiscretionary bonuses must be considered when determining the regular pay rate, […]

Employer Branding for Dummies

Need Employer Branding 101? A new book, Employer Branding for Dummies, released in a special edition sponsored by Glassdoor.com, offers guidance for all employers in developing and maintaining their employer brand.

Trump

Review of the Trump Administration’s First Year: Surprising and Controversial Moves

The past year has included many expected moves by the Trump administration, such as the reversal of some of the National Labor Relations Board’s (NLRB) controversial decisions under the Obama administration, as well as several unexpected developments among several agencies.

Performance Reviews Should Work for You—Not Against You

Your performance appraisals can either hurt or help, says Attorney Susan G. Fentin. If the appraisal was good, but the employee was terminated for poor performance, the appraisal can show pretext; if appraisal was poor, and employee did not improve, the appraisal can show a legitimate, non-discriminatory reason for termination.

The Pros, Cons, and Potential Best Practices of a 4-Day Workweek

For millions of Americans, the last couple of years have represented an opportunity to live out a long-held dream: remote work. The COVID-19 pandemic forced skeptical businesses to shift to widespread work-from-home arrangements in a push to stem the spread of the disease among coworkers clustered together for 8 or more hours per day. While […]

Must an Employer Grant Permanent Intermittent FMLA Leave?

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]

Are You Attractive to Potential Employees?

It is quite simple. In order to attract the best employees, you must look as if you are the best company to work for. Appearance is everything. A very basic first step in managing your image is to review how you present your company, says Jasmine Rojas, BLR® legal editor.   For instance, while you […]

Audits: Only Surefire Way to Root Out Problems

In yesterday’s Advisor, we covered audit areas for compensation and preemployment issues. Today, we’ll look at employment and termination issues, and we’ll introduce a unique checklist-based audit system. Job descriptions. For all positions, you should have up-to-date job descriptions that accurately reflect the job duties. Make sure that the job descriptions identify all essential functions […]