by Tammy Binford
President Donald Trump’s latest order targeting diversity, equity, and inclusion (DEI) practices by employers brings up issues about how employers with federal contracts can ensure compliance.
by Tammy Binford
President Donald Trump’s latest order targeting diversity, equity, and inclusion (DEI) practices by employers brings up issues about how employers with federal contracts can ensure compliance.
On February 26, the U.S. Department of Labor (DOL) published a proposed rule that would fundamentally reshape how employers determine whether a worker is an employee or an independent contractor under the Fair Labor...
Q A nonexempt employee hasn’t been paid correctly for overtime, and we discovered we’ve been noncompliant with overtime pay requirements for a number of nonexempt employees. How can we correct internal underpayments...
When an employer transitions to a seasonal operation, questions often arise regarding the applicability of the Worker Adjustment and Retraining Notification (WARN) Act and whether such a change triggers the Act’s notice...
As we have previously written, employers are increasingly confronting difficult questions regarding how to respond, if at all, to employees’ off-duty conduct (see “ Beer, baseball, and viral videos: Disciplining...
A sexually hostile work environment and retaliation case from Houston was settled earlier this month. For some lessons, read on. Love affair goes off the rails Jacqueline King managed a pizza restaurant for Ayvaz Pizza...
There are many courtroom pitfalls that can put a verdict in jeopardy. Administrative requirements, special verdict forms, and jury instructions are three of those often-explosive landmines. Will this verdict survive them...
It’s human nature that people like authority, and that often goes for trial judges interpreting arbitration agreements as well. Here, the arbitration agreement gave the arbitrator the power to decide if the agreement was...
According to the iconic Gershwin song, the livin’ is easy in summertime. But managing time-off requests can be anything but easy when employees begin their annual jockeying for position on the vacation calendar. As...
A series of cases has analyzed how to handle an individual claim that is properly subject to arbitration and a companion Private Attorneys General Act (PAGA) claim that cannot be forced into arbitration. Do the two cases...
Like many other states, California has an app-based workers protection law providing multiple protections for drivers, regardless of whether they are deemed to be employees. One of the requirements limits companies’...
The National Labor Relations Board (NLRB) has taken action to return to a more definite joint employer framework tied primarily to the exercise of substantial, direct, and immediate control. This framework reshapes how...
A recent Michigan Court of Appeals decision offers an important lesson for employers about how written employment documents interact—especially when there is an integration clause in an employment contract. Facts On...
“Wrongful termination” is a term frequently used in workplace disputes but not always with precision. Employees often assume that if a termination feels unfair or abrupt, it must also be illegal. The law, however, doesn...
It isn’t uncommon for commission-based employees to have contracts stating that they must be employed on the commission payout date to receive payment. Such provisions can result in an employee not receiving commissions...
The Trump administration announced a final rule creating a new category of federal workers who would have fewer job protections and be easier to fire. The new rule implements an Executive Order from 2025 that could...