News

IS AGE JUST A NUMBER? THE REALITY OF AGE DISCRIMINATION IN THE WORKPLACE

Even though the Age Discrimination in Employment Act (ADEA) was enacted over 40 years ago, a significant portion of workers over the age of 40 report experiencing discrimination in the workplace. Those workers over 40 looking for work often have a more difficult time than their younger counterparts. With an aging population and a growing […]

UNDERSTANDING ADVERSE EMPLOYMENT ACTIONS TO AVOID RETALIATION CLAIMS

Retaliation should be a serious concern for employers as it is one of the most common claims filed with the Equal Employment Opportunity Commission (“EEOC”). For many years, over half of the annual charges filed with the EEOC have been retaliation charges. Retaliation occurs when an employer takes an adverse employment action against an employee […]

MAINTAINING COMPLIANCE WITH NAE

In today’s dynamic business environment, staying abreast of evolving employment law is crucial for minimizing risk and fostering a compliant workplace. However, navigating the complexities of federal and state regulations can be a significant time commitment for HR professionals. NAE offers a comprehensive solution, empowering businesses to streamline compliance efforts and focus on core operations. […]

EEOC ISSUES FINAL RULE TO IMPLEMENT PREGNANT WORKERS FAIRNESS ACT; ALREADY FACES LEGAL CHALLENGES

The Pregnant Workers’ Fairness Act (PWFA) is a federal law, which requires employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth, and related medical conditions, unless doing so would cause an undue hardship. This law went into effect June 27, 2023. However, […]

FTC VOTES TO BAN NONCOMPETE AGREEMENTS

Today, the Federal Trade Commission (FTC) voted 3-2 in favor of a ban on noncompete agreements. The rule, which affects new and existing noncompete agreements, will go into effect 120 days after the rule is published in the Federal Register. Legal action to block implementation of the rule is likely. Nevertheless, employers should still prepare […]

SALARY EXEMPT – ARE YOUR EMPLOYEES PROPERLY CLASSIFIED?

Determining an employee’s exempt status under the Fair Labor Standards Act (FLSA) is crucial for ensuring accurate wage and overtime compliance. Misclassifying employees as exempt can lead to significant liabilities for employers. This article provides a comprehensive overview of the key factors to consider when classifying employees as exempt or non-exempt, focusing on salary threshold […]

WHEN IS REASONABLE SUSPICION DRUG TESTING JUSTIFIED?

Scenario 1: Separating Fact from Fiction One of your employees has recently exhibited changes in behavior that could be signs of impairment, including increased irritability, more frequent breaks, and persistent sniffles/runny nose. While these symptoms might raise concerns because of what you have seen on television, basing a reasonable suspicion drug test solely on that […]

WHEN FMLA ENDS: MANAGING NEXT STEPS

The Family and Medical Leave Act (FMLA) is a crucial piece of legislation offering eligible employees up to 12 workweeks of unpaid leave within a 12-month period for various family and medical reasons. These include childbirth and infant care within one year of birth, adoption or foster care placement within one year of placement, caring […]

MANAGING AFFIRMATIVE ACTION COMPLIANCE

While many employers understand the significance of affirmative action in the employment realm, they may not realize the mandate for an Affirmative Action Plan (AAP) under federal law. As a condition of doing business with the federal government, qualifying contractors or subcontractors must have an AAP in place for the purpose of promoting equal employment […]

CRAFTING EMPLOYEE HANDBOOKS THAT WORK

Employee handbooks serve as the cornerstone of the employer-employee relationship, outlining legal rights, employee responsibilities, and company expectations. A well-crafted employee handbook, concise yet comprehensive, not only informs but also mitigates legal risks and misunderstandings. It can be a challenge to know what to include in an employee handbook. A challenge that is made harder […]

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