Tag: HR laws

SSN

New Legal Requirements Restrict Retention of Employee Identification Documents

Colorado employers should review their Form I-9 and employment eligibility verification procedures following the enactment of House Bill (HB) 26-1283. The new law became effective on June 3, 2026, and added new restrictions on an employer’s possession and retention of government-issued identification documents. What the Law Says The new law, codified at C.R.S. § 8-2-124.5, […]

The Year-End PTO Cliff 

Have you ever suddenly realized that it’s already October and you still have two weeks of vacation time to burn through? Millions of employees have had the same realization, and this year is no exception. With the end of the year quickly approaching, many employees are scrambling to avoid a PTO cliff. This is because […]

‘It Wasn’t Me, It Was ChatGPT’ Doesn’t Fly as an NLRA Violation Defense

In case you were looking for another chatbot cautionary tale, the latest comes from a decision issued by an administrative law judge analyzing a company’s arguments in defense of a National Labor Relations Act (NLRA) Section 7 charge. Employer Confesses, in Writing, to Unlawful Motive for Firing The facts underlying the charge are simple enough. […]

Avoiding Unclear Employment Handbook Provisions 101

An employee handbook is one of the most important documents an employer can maintain. It serves as a guide for employees, establishes workplace expectations, and helps ensure consistent application of company policies. A handbook also gives supervisors and managers a common reference point when questions arise regarding discipline, leave, benefits, workplace conduct, remote work, technology […]

raise

No Hiding Behind the Menu: Corporate Layers, Cash Wages Land Arizona Restaurant in Court

Both the Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act (AMWA) require “employers” to pay employees minimum wage for all hours worked. Restaurant owners often use layered LLCs to separate ownership from operations, oftentimes intended to insulate the entities and owners from liability. When a lawsuit is filed against layered LLCs, many […]

procrastination

DOL Clarifies Rules for Split-Shift Remote Work 

The Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-9 on July 22, concluding that when a non-exempt employee voluntarily splits a workday between home and the office, the mid-day commute generally remains unpaid “ordinary” travel, even if the employee performs compensable work at home before or after the trip. WHD clarified […]

religious

Preferential Treatment Based on Religious Beliefs Lands Employer in Hot Water

As a recent case demonstrates, favoring employees based on their religion can be as troublesome as penalizing employees for their religious beliefs. Religion at the Hospital Stephanie Osei was employed as a nurse at Brookside Hospital Medical Center for 22 years. For the last three years, she worked in the hospital’s Surgical Intensive Care Unit […]

[S]lackadaisical Approach to Evidence Preservation Leads to Reversal

Do you know what spoliation means? One Massachusetts employer just learned the hard way. Employers involved in litigation or reasonably anticipated litigation have a legal obligation to preserve potentially relevant evidence until the matter is resolved. If an employer fails to do so, that failure is called spoliation. Courts can impose serious sanctions for spoliation, […]

EEOC, Nike Settle Subpoena Enforcement Lawsuit

On August 12, a federal district court dismissed the Equal Employment Opportunity Commission’s (EEOC) subpoena enforcement action against Nike at the EEOC’s request. The EEOC said Nike had provided it with the information it sought between March and August. The lawsuit was filed in the Eastern District of Missouri in February after the original charge […]

House-Passed Law Would Impose ‘Collective Bargaining’ Contracts

An unusual, bipartisan coalition of House members voted to pass the Faster Labor Contracts Act (FLCA), a law that would impose fast-track bargaining schedules for initial contracts and could end in having government arbitrators impose two-year contracts on the parties.  What the FLCA Does  The FLCA would change the current open-ended bargaining and replace it […]