Business Law Business Law Resources Labor and Employment Law Uncategorized

Employer Forms Disclosing & Authorizing Background Checks Must Exclude Liability Waivers

Good Reasons Support the Use of Background Checks in the Hiring Process. Many employers run background checks on job applicants before they make an employment offer.  Doing so enables such employers to confirm the truthfulness and accuracy of background information provided by job applicants, such as…
Business Law Business Law Resources Labor and Employment Law

Rescuing Your Defined Contribution Retirement Plan

A plan sponsor of a preapproved, prototype or volume submitter defined contribution plan, including a profit-sharing, 401(k) or money purchase plan, was required to amend and restate the plan’s governing documents by April 30, 2016. See the article “Deadline Looming for Changes to Your Company’s…
Business Law Labor and Employment Law

Legislature Revives Right to Work Law and MHRA Amendments

During its legislative sessions in both 2015 and 2016, the Missouri General Assembly passed a right to work law.  In each instance, then Governor Jay Nixon vetoed those laws, and the legislature’s backers of those laws lost veto override votes. Similarly, since a Missouri Supreme Court’s…
Labor and Employment Law

Texas Trial Court Suspends the Revised White Collar Overtime Exemption Rules

On November 22, 2016, a federal district judge for the Eastern District of Texas issued a nation-wide injunction (see here)  suspending the implementation of new regulations increasing the minimum salary level required for the White Collar exemptions from overtime pay (see here). Although technically the…
Business Law Business Law Resources Labor and Employment Law

OSHA Raises Penalties, Adopts Electronic Recordkeeping, and Expands Anti-Retaliation Rules

OSHA Raises Maximum Penalties by 178% The Occupational Safety and Health Administration (“OSHA”) has taken several actions  in recent months that will significantly affect employers for years to come.  First, it revised its Field Operations Manual by raising penalties to adjust for inflation for violations of the…
Labor and Employment Law

Managing Marijuana in the Workplace

Four states (Washington, Oregon, Colorado, and Alaska) and the District of Columbia have legalized marijuana for recreational use. Twenty-one other states (Maine, New Hampshire, Vermont, Connecticut, Rhode Island, Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Maryland, Michigan, Illinois, Louisiana, Hawaii, Minnesota, Montana, New Mexico, Arizona,…
Labor and Employment Law

Managing Employment-Related LGBTQ Concerns & The EEOC

2015 was certainly a big year for the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Caitlyn Jenner dominated the media and brought attention to the transgender community. The U.S. Supreme Court issued its landmark decision on marriage equality, extending marriage rights to same-sex couples…
Business Law Resources Labor and Employment Law

EEOC Study of Workplace Harassment Urges Employers to Do More Prevention

Recently, the Equal Employment Opportunity Commission (“EEOC”) issued the results of a study of workplace harassment.  The agency convened a task force to conduct this study in January 2015.  The task force issued a report in June 2016. Task Force Report.  It concluded that since…