by Paige Good and Harrison Kosmider, McAfee & Taft
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Remote work saved the day during the COVID-19 pandemic, but now many employers—even those that initially embraced fully remote or hybrid work—are calling their people back to the office, triggering a cleverly named fad:...
Artificial intelligence (AI) is a buzzword on everyone’s lips, and to quote a hit song from the 1980s, apparently, “The future’s so bright, I gotta wear shades.” In other words, many are quick to sing the praises of AI...
During the first Trump administration, employers saw increased activity by U.S. Immigration and Customs Enforcement (ICE) in the workplace, and it looks like employers will see similar action over the next four years...
Employees often make as many claims as possible when suing their employer. It’s a strategy—but not a very good one, as a recent Texas case makes clear. Facts Eric Lamar Ellis is a gay Black man who worked for Cargill...
A straightforward wrongful termination claim resulted in a $2,000 sanction against a lawyer representing a former employee. Why? Inartful use of artificial intelligence (AI). Read on for news you can use! Reading the...
Since the 1940s, the National Labor Relations Board’s (NLRB) position has been that mandatory meetings with employees where the employer expresses its views on unions—typically referred to as “captive-audience” meetings...
Q We’re worried there may be an increase in worksite enforcement investigations. What can we do to prepare? There was a surge in worksite enforcement investigations in fiscal year 2018 by U.S. Immigration and Customs...
On January 10, 2024, the U.S. Department of Labor (DOL)published a new final rule revising its guidance on independent contractor classifications under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the...
On November 15, 2024, a federal judge in Texas struck down a U.S. Department of Labor (DOL) final rule that would have increased the salary threshold, in multiple phases, for exemptions from overtime pay under the...
As many employers discovered during the COVID-19 pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or whether, according to the health...
Q How can we discipline a new employee who takes unplanned, unexcused days off for sickness, family emergencies, etc.? We don’t currently have a policy on how many unexcused days off are allowed. Wisconsin employers have...
Q We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would...
Small dollar cases are a problem because the cost of attorneys’ fees can often dwarf the remaining areas of liability. In addition, pain and suffering damages are a wildcard that makes a case evaluation difficult. But...
A mediocre sheriff with a history of performance warnings wasn’t promoted and tried to get that reversed by a California trial court. When that didn’t work, he went to the court of appeal and asked for his case to be...
Because arbitrations are creatures of contract, ordinarily a nonsignatory to an arbitration agreement cannot invoke its terms. But an exception exists when that rule proves just too unfair. Courts can’t countenance...
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