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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Is the DOL’s PAID program a riskier bet for California employers?

We are located in California and are potentially interested in participating in the Department of Labor’s PAID program to fix some innocent errors. Does our location impact our decision?

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Secret overseas workers? Tax and other problems abound

You may think an employee is sending work and videoconferencing in from a known location, but your staff may be operating from anywhere in the world. And that can create tax and other problems for those workers and the company that employs them.

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Audits follow last year’s D.C. restaurant raids

One restaurant was notified that 32 of its 46 workers appeared unauthorized to work in the U.S. per the I-9s HSI reviewed and tried to verify as authentic and current.

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Plan ahead to fix AI workslop errors

Dubbed AI workslop, errors appear almost as ubiquitous as AI tools themselves. What does it take to fix the errors that creep in? Should they even be fixed?

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EEOC warns federal agencies against cutting ADA telework accommodations

The Equal Employment Opportunity Commission has issued new guidance in the form of an extensive Q&A for federal agencies. The guidance reinforces the long-held warning that disabled workers may be eligible for telework as a reasonable accommodation, but also helps employers who want to reevaluate telework accommodations.

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Democrats introduce bill to reverse dismantling of EEOC harassment guidance

The Equal Employment Opportunity Commission, under Andrea Lucas’ leadership, recently voted to undo the extensive harassment guidance it issued back in 2024. That did not sit well with some members of Congress, who have now introduced a bill that would reverse the EEOC’s reversal.

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FTC bans noncompetes in two cases

The Federal Trade Commission’s announcement that it would no longer seek a total ban on noncompetes does not mean that the agency isn’t suing employers for using noncompete agreements that it believes are anti-competitive. Most recently, the agency identified two cases where employers went too far.

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Court clarifies line between microaggressions, management style

Not every stray comment contributes to creating a hostile work environment. Instead, harsh words or acts like excluding someone from a meeting may reflect a management style that, while uncomfortable, does not create a hostile work environment. A recent case distinguishes the two and offers lessons to employers on telling the difference.

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DOL moves forward with new FLSA and FMLA independent contractor regulations

Andrew Rogers, the Wage and Hour Division administrator, said the 2024 final regs were too restrictive and that the 2026 proposed regs adhere more faithfully to courts’ interpretations of the FLSA. But he also predicted that more workers would be classified as independent contractors if the proposed regs are finalized.

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Can our handbook ban covert recordings?

We are a medical primary care clinic, and our handbook has a statement: “Covert recording, scanning or photocopying is a violation of office policy and will lead to disciplinary action, including possible termination.” I understand that the NLRB has rules that bar employers from preventing employees from documenting poor working conditions. Does that mean we can’t have this rule?

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