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Experts assess NLRB worker-surveillance memo

Remote work

The National Labor Relations Board (NLRB) is targeting one of the most contested trends in the workplace: employee monitoring. In October, NLRB General Counsel Jennifer Abruzzo asked the NLRB to apply Section 7 of the National Labor Relations Act to ...

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It might be time to update that workplace social media policy

One recent TikTok “day in the life” video showed someone complaining about their co-workers, supervisors, customers, etc. while at the office. Watching it revealed the potential legal exposure it unintentionally created. With that, here are four tips for managing use ...

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401(k) plan management under greater scrutiny

As Benjamin Franklin once said, “nothing is certain except death and taxes.” At their core, Franklin’s words ring true today, but there are more things we can predict with good certainty given our access to data. Employers can get a ...

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What employers need to know about behavioral health parity rules

Health care benefits

With increasing regulatory scrutiny and litigation by employees against employer sponsored group health plans, now would be a good time to find out if your employer-sponsored group health plan is compliant with behavioral health parity rules. In 2008, Congress passed ...

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Proposed DOL independent contractor test problematic for employers

Many employers are under the false impression that, by simply calling someone an independent contractor or giving them a “1099,” they can avoid myriad employment-related costs and obligations. But this is not the case, and misclassifying an employee as an ...

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Take care when using AI in the workplace

Artificial intelligence

When used effectively, artificial intelligence, or “AI,” can eliminate much bias in decision-making. However, when misused, AI may actually promote the same bias it should thwart. Generally, employers use AI in the workplace through supervised machine learning (SML) during the ...

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Employer can be sued for retaliation

Given some evidence that an employer’s proffered reasons for firing a former employee could be construed as pretextual, a lawsuit alleging that the termination was made in retaliation for the employee’s complaint about workplace racial discrimination can go forward. While ...

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Prompt Pay Act means business

For executives involved in Massachusetts construction projects, the routine pay applications that are exchanged in the ordinary course of business must now receive their utmost attention — as any failure to reject a pay application in strict accordance with the ...

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Two nursing facilities ordered to pay back wages

Two nursing facilities have been ordered to pay a total of $513,368 in back wages and liquidation damages to 231 nursing staff for Fair Labor Standards Act (FLSA) violations. The U.S. District Court for the Middle District of Pennsylvania has ...

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ADA ‘tester’ can sue over website’s non-compliance

A “tester-plaintiff” had standing to sue over a hotel reservation website’s alleged failure to comply with federal regulations governing accessibility for the disabled, even if she had no plans to actually book a room at the hotel, a federal appellate ...

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