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Law In The Workplace

Update on the Families First Coronavirus Response Act

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA” or the “Act”), into law. The law overhauls leave requirements for employers – amending the Family and Medical Leave Act (FMLA […]

Andrea Johnson

Families First Coronavirus Response Act

COVID-19 has already significantly impacted the U.S. in unprecedented ways.  In response, Congress passed and President Trump signed into law yesterday evening a law designed to provide relief to families impacted by the recent coronavirus COVID […]

Coronavirus FAQ #2 for Employers – Working from Home

AJ’s Answer: The question posed, in my view, requires a larger look at our businesses and what we want to accomplish, how we want to do that, what we actually are able to do, and what makes sense for our business and employees.  The answer […]

Andrea Johnson

Coronavirus FAQ #1 for Employers – Compensation

By law - If the person is working at home, then they would be paid for all work from home.  Location is not the issue; work on behalf of the employer is the issue, and, we, of course, pay for all work performed.  Whether that pay is for a couple […]

Andrea Johnson

DOL Clarifies Standard to Determine "Joint Employer" Status

On January 12, 2020, the Department of Labor (DOL) announced its final rule ("Final Rule") to revise and update the standard for determining "joint employer" status under the Fair Labor Standards Act (FLSA) – the federal law […]

Your Opinion Matters: Submit Comments to a Newly Proposed Federal Overtime Rule

Under the Fair Labor Standards Act (FLSA), employees must receive at least time and one-half their regular pay rate for all hours worked over 40 in a workweek unless an exemption applies. For an exemption to apply, an employee’s specific job duties […]

Update Your Background Check Forms

Employers who use third parties to obtain criminal and credit background reports on employees and prospects have to jump through numerous technical hoops in order to comply with the Fair Credit Reporting Act (FCRA). One of those hoops is providing a […]

Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List

What happens when a plaintiff is granted an injunction that prohibits a former employee and its new employer from soliciting or contacting the plaintiff’s customers; yet, the injunction does not specifically identify those off-limit customers nor […]

Don't Forget to Sign That Arbitration Agreement

In a recent decision, the United States Court of Appeals for the Fifth Circuit reversed a trial court ruling that enforced an arbitration agreement that the employer never signed. In Huckaba v. Ref-Chem, L.P., Case No. 17-50341, the Court found the agreement […]

Brian W. Clark