The Federal Trade Commission’s recent proposal to ban noncompete agreements has rocked the commercial world, leaving some business litigators questioning the wisdom of such a rule as well as its ultimate prospects of surviving review by the U.S. Supreme Court. ...
Read More »Hiring employers must perform due diligence
Newly sworn-in congressman George Santos admitted to lying about his education and professional career, and now his background and finances are under investigation. If he worked in business, he’d be fired. “If you lie on the application and to me ...
Read More »Mitigate risk of fraud in the workplace
Companies with fewer than 100 employees have a median loss from workplace fraud of $150,000, while companies with greater than 10,000 employees have a median loss of less than $140,000. These numbers are shockingly high. Here are the eight most ...
Read More »New law provides enhanced tools for retirement
The much-anticipated SECURE Act 2.0 became law late last month, giving all Americans new and enhanced retirement savings tools. SECURE 2.0 was included in the $1.7 trillion omnibus spending bill and is follow-up legislation to the original SECURE Act (Setting ...
Read More »NLRB issues pro-employee decisions to close out the year
In a busy season for the agency, the National Labor Relations Board (NLRB) just issued three more decisions. In the case of Sunbelt Rentals, Inc., the NLRB decided to let stand the bright-line standard used by employers when they question employees ...
Read More »Experts assess NLRB worker-surveillance memo
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 ...
Read More »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 ...
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 »