Unlimited PTO in California – Is This Actually a Good Idea to Retain Employees?

The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the phenomenon now known as the Great Resignation. With employees resigning from positions at a record rate, employers are left scrambling to retain and recruit...

Ban the Box Laws: What’s the Box and Why is it Banned?

An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring process. The laws are intended to allow an employer to evaluate an applicant’s job qualifications first, without a criminal record overshadowing their candidacy.  Here’s what employers need to...

Minnesota Has Loosened Restrictions on Edible Products Containing THC  – What Does that Mean for Minnesota Employers?

Minnesota Has Loosened Restrictions on Edible Products Containing THC – What Does that Mean for Minnesota Employers?

What is the current Minnesota law regarding edible products containing THC? An inconsistency in two amended provisions of  Minnesota Statute § 151.72 has resulted in what some have deemed the legislature “accidentally” legalizing edible products containing certain amounts of hemp-derived tetrahydrocannabinol (THC) for purchasers 21 years of age and older. When did the new law take effect? The new law...

How the NLRA Applies to All Workplaces, Not Just Unionized Ones: Implications for Workplace Conduct Policies, Social Media Policies, and Employee Discipline (Including After the Supreme Court’s Abortion Decision)

When the subject of the National Labor Relations Act (the “NLRA,” or, more succinctly, the “Act”) is broached, employment lawyers often hear a familiar refrain: “The Act doesn’t apply to me because my employees are not unionized.” This widespread belief is incorrect. In actuality, all employers in the United States are subject to the Act in an important way that...

What is the CROWN Act, what do I need to know about it, and how should employers prepare for it?

What is the CROWN Act, what do I need to know about it, and how should employers prepare for it?

On March 18, 2022, the U.S. House of Representatives passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act by way of a party line vote of 235-189. In general, the federal CROWN Act and similar state acts explicitly prohibit discrimination on the basis of a person’s natural hair.  More specifically, the proposed federal legislation prohibits “discrimination...

Next on the Chopping Block: In Light of Recent Removals of the Agricultural Exemption from State Wage and Hour Laws, Employers Are Wondering Which Employees Are Exempt and for How Much Longer?

Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage and overtime requirements. These requirements differ from state to state, and employers are noting a change in the agricultural exemption. Some states have removed, or are considering...

How does the new-ish Colorado statute requiring disclosure of salary information for job postings affect non-Colorado employers?

How does the new-ish Colorado statute requiring disclosure of salary information for job postings affect non-Colorado employers?

Raise your hand if you are a human resources professional who has had it up to the proverbial HERE with sifting through state law requirements for remote workers? This post is for you! Today we are taking a closer look at Colorado’s Equal Pay for Equal Work Act and how its pay transparency provisions apply to multi-state employers. Here’s the...

What is a Form I-9 and how do I complete it, especially for remote employees?

As most human resources professionals know, the Immigration Reform and Control Act requires all employers to verify the identity and employment authorization of each person working in the United States who was hired after Nov. 6, 1986. This verification process is documented by completing and retaining USCIS Form I-9, Employment Eligibility Verification, for each employee who is hired to work...

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout the United States. The deluge of stories was dubbed the #MeToo Movement, and it led to a reckoning in American society about how to address claims of...

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge.  This has generated some concerns from employees who do not want to return to the work place. Can employers require employees to return to work if the employees...