December 13, 2024
California’s new independent contractor law suggests best classification practices

California arguably has the most restrictive independent contractor rules of all. Following them means you likely will pass any of the less stringent tests with flying colors.

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December 13, 2024
ADA compliance: Be prepared to prove disabled employee can’t do job

Under the ADA, employers must reasonably accommodate disabled employees so they can perform the essential functions of their jobs. However, after unsuccessfully trying several accommodations, it may become clear that none will actually allow the employee to perform the essential functions. That changes the ADA equation.

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December 12, 2024
DOL appeals overtime decision and injunction

The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.

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December 11, 2024
Here come the new state employment laws for 2025

States are emerging as prime sources of new employment-related laws. Here is a sampling of new laws scheduled to go into effect on Jan. 1, 2025, or soon after.

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December 11, 2024
Cost of denying vaccine-related religious-accommodation request? It’s measured in millions

Before Groff v. DeJoy, an employer only had to show that approving a request for a religious accommodation would have “more than a de minimis” impact on the employer. That made turning down requests easy. Not anymore.

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December 10, 2024
Are boomerang employees eligible for FMLA leave?

We have an employee who quit, but then came back to work for us a few months later. Does the hours-worked requirement start with her rehire date or does it go back to their original start date?

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December 10, 2024
A hard day’s work deserves a fair day’s pay

It sounds Dickensian—some employees with disabilities working under so-called Section 14(c) certificates earn $1 or less an hour. The Department of Labor wants to end this practice. New proposed regulations would, if finalized, phase out these certificates, so employees with disabilities would need to be paid at least the minimum wage.

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December 9, 2024
Legal Briefs: Recent cases highlight employer missteps

Think twice before banning remote work, using different return-to-work rules or requiring employees to compete for their own job.

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December 9, 2024
A cautionary tale: Lessons from a recent retaliation case

This decision is a warning to employers: Handling whistleblower complaints improperly can have serious consequences.

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December 6, 2024
Foster advancement with performance-development plans

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