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 ...
Read More »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 ...
Read More »What employers need to know about behavioral health parity rules
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 ...
Read More »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 ...
Read More »Take care when using AI in the workplace
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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Companies’ 401(k) plan management under greater scrutiny
As Benjamin Franklin once said, “nothing is certain except death and taxes.” While at their core, Franklin’s words ring true today, there are more things we can predict with good certainty given our access to data. For example, employers can ...
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