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Author Archives: Brian D. Carlson and Soyoung Yoon

DOJ/FTC Guidance details antitrust pitfalls for businesses

Last fall, the U.S. Department of Justice and the Federal Trade Commission jointly issued an “Antitrust Guidance for Human Resource Professionals.” The Guidance details critical antitrust principles arising in the employment context, which corporate executives, HR professionals and other managers ...

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Labor Department takes aim at potential ‘joint employers’

The U.S. Department of Labor’s Wage & Hour Division recently issued a controversial new Administrator’s Interpretation detailing the division’s views on “joint employment” under the federal Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act. Notably, in ...

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Avoiding FMLA estoppel claims by employees

Employers should be aware of the potential hazards of erroneously informing employees that they are eligible to take leave under the federal Family and Medical Leave Act. If an employee does not meet the eligibility criteria for FMLA leave — ...

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