The Federal Trade Commission proposed a new rule that would ban non-compete clauses and employers from imposing non-competes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice, the agency estimates...
The Occupational Safety and Health Administration takes an employee injury very seriously and requires companies to submit injury data. The requirements are complex, and you may want to work with experts in this field, depending on the kind of business you run. In brief, according to...
When making personnel decisions — including hiring, retention, promotion, and reassignment — employers sometimes want to consider the backgrounds of applicants and employees. For example, some employers might try to find out about the person’s work history, education, criminal record, financial history, medical history, or...
The new Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were adopted when President Joe Biden signed the Consolidated Appropriations Act, 2023 on Dec. 29, 2022. PWFA: Pregnancy Finally Given Disability-Like Protection The PWFA...
Question: We have a repeat applicant whom we offered a job to in the past. This candidate failed a drug screen back then, so we rescinded the offer. Can we reject them now based on their past drug screen result? Answer: No, chances are that rejecting an...
Employers that had 11 or more employees at any point in 2022 are required to post Occupational Safety and Health Administration (OSHA) Form 300A from February 1 through April 30 unless they qualify as an exempt low-risk industry. The employee count is based on the...
Personal identifiable information is defined as the personal information of an individual that can be used to identify them. According to the Department of Labor, PII can be in the form of either direct or indirect information. Examples of direct forms of PII include the following: ...
Question: While covering shifts for an employee on a leave of absence, we discovered errors in their work. How do we take disciplinary action without seeming retaliatory for taking leave? Answer: Taking disciplinary action following a leave of absence is going to come with some additional...
Question: Lately, we’ve noticed employees using wearable devices while working. We have a policy that limits personal cell phone use at work. Can we expand that to include wearables like smartwatches? Answer: Yes, you can expand your policy to include wearables or other smart devices...
Question: What are protected classes or characteristics? Protected classes—also known as protected characteristics—come from several federal laws, though about half are from Title VII of the Civil Rights Act of 1964. Although we’re usually talking about them with respect to employment, they may also...