by John T. Below and Cameron D. Ritsema, Bodman PLC
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The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As...
In the upcoming months, the U.S. Supreme Court will decide whether lateral job transfers, with no change in pay or benefits, violate federal civil rights law if done for discriminatory reasons. Circuit split headed for...
As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as...
Employers often hear repeated recommendations to have detailed written policies and to ensure those policies are followed. Typically, you can overcome significant consequences by consistently enforcing your policies and...
I’ve previously written about the Rudy Giuliani defamation lawsuit and applicable lessons. The jury’s total verdict against Rudy G. was $148,000,000, including $75,000,00 in punitive damages—a whopper for sure. This is...
The Fair Labor Standards Act (FLSA) requires employers to pay overtime to nonexempt employees based on their regular pay rate and the number of hours worked in a workweek. While this sounds straightforward on paper...
Do you have any idea how long I’ve waited for the chance to use the term “meatheads” in the headline of an article? Thanks to an Equal Employment Opportunity Commission (EEOC) age discrimination lawsuit against a moving...
On October 27, 2023, two individuals represented by attorney Melanie Wilson Rughani of the Oklahoma-based law firm Crowe & Dunlevy filed Initiative Petition No. 446, which proposes a dramatic increase in Oklahoma’s...
As you look back on 2023 and ahead to 2024, there are so many compliance-related items to consider relating to your employee benefit plans. The rules you’re supposed to comply with keep growing and growing—they seem like...
Notice of void non competition clauses. As you know, most noncompete agreements in California are unlawful and unenforceable. Nonetheless, some employers have used a tactic of maintaining unenforceable noncompete...
Ordinarily, insurance policies don’t cover willful improper conduct by the insured. At the same time, if an employer retaliates against employees who blow the whistle on unlawful behavior, or who refuse to engage in...
To many in the country, the U.S. Supreme Court’s last session was among the most impactful in decades, causing changes to how we use affirmative action in university admissions, applying developing ideas of diversity...
The National Labor Relations Board (NLRB) continues to be the most activist and controversial of the federal executive agencies. Its open advocacy for unions has brought urgent criticism from employer groups and...
On December 8, 2023, European lawmakers completed principal negotiations for the European Union’s (EU) Artificial Intelligence (AI) Act. The comprehensive legislation imposes restrictions on companies developing and...
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What is prohibited? Effective January 1, 2024, employers are prohibited from...
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