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HR Defense

Traps for the Unwary: Responding When An Employee Quits

By Brian Noh

September 29, 2020

You may have been there: a valuable employee angered by some new development, announces “I quit!” and storms out, then shows up for work the next day as though nothing happened. Or a rapidly failing underperformer submits a written resignation, but it’s not effective until 60 days later. What’s an employer to do? Can/should an employer march them out the door? A voluntary resignation can be unintentionally converted into an involuntary discharge if the employer…

HR Defense

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

By Kimberly Rivera

September 22, 2020

Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought under the FCRA has more than doubled since 2009. FRCA litigation was the highest on record at the close of 2019, and continues to rise. Many of these cases have been brought on a class basis for purely procedural violations and…

HR Defense

Department of Labor Addresses Court Ruling By Issuing New FFCRA Leave Regulations

By Paul J. Rutigliano

September 16, 2020

In response to a New York federal court striking certain aspects of the Department of Labor’s regulations interpreting the Families First Coronavirus Response Act (FFCRA), last week the DOL issued a revised Temporary Rule (the “Revised Rule”), in some ways resisting and in others yielding to the court’s ruling. In particular, the Revised Rule maintains the DOL’s prior positions that FFCRA leave is available only if the employer has work available for the employee…

HR Defense

Employers Not Racing to Implement Employee Payroll Tax Deferral

By Karen M. Buesing & Montaye Sigmon

September 14, 2020

Offering eligible workers the option to suspend the employee share of Social Security payroll taxes through year-end may sound good at the moment, but concerns about next year are leaving many employers wary. Indeed, the Wall Street Journal reported that some of the nation’s largest employers have rejected the President’s payroll tax deferral plan, and Bloomberg reported that no major private employer has stepped forward to take advantage of the plan. Under guidance issued by…

HR Defense

Employees Are Responsible for Logging Remote Work Hours

By Adrienne Scheffey

September 9, 2020

Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those hours, under new enforcement guidance issued by the Department of Labor (DOL) in late August.…

HR Defense

Labor Day – More than just Barbecues and Parades

By Amy Moor Gaylord

September 4, 2020

As summer winds downs, employers and employees alike look forward to a leisurely three-day weekend typically spent with family and friends, enjoying the remaining days of summer warmth, perhaps readying kids to go back to school or college. Except this Labor Day will likely be anything but typical. With crowded activities such as parades and fireworks displays canceled due to social distancing precautions, we may find ourselves spending the weekend hanging out in our backyards…

HR Defense

Screening Employees for Symptoms: Perils and Pointers

By Karen M. Buesing

September 1, 2020

Screening employees for symptoms of COVID-19 is critical to limiting both the spread of the virus and a company’s exposure to claims that it did not do enough to protect its employees. But screening itself can create other liabilities, so you will want to be sure your process follows recommended federal, state and local regulations and guidance. Both the U.S. Centers for Disease Control and the Occupational Safety and Health Administration recommend that employers consider…

HR Defense

Longer Than Expected Layoffs May Trigger Notice Requirements

By Tiffany D. Hendricks

August 25, 2020

Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching. As we noted in our prior blog, certain layoffs and reductions in hours that last longer than six months trigger federal notice requirements under the federal Worker Adjustment and Retraining Notification Act (WARN Act), so if those short-term…

HR Defense

Common Sense Finally Prevails: Employers No Longer have to Tolerate Abusive and Offensive Conduct in the Workplace

By Andrew C. Karter

August 18, 2020

Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was standing on a picket line when he called me those names. Am I still allowed to discipline him, or would doing so violate his rights under the National Labor Relations Act? Am I really…

HR Defense

Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

By Cecilia Ehresman

August 11, 2020

Consider this in the era of COVID-19: how does an employer comply with its duty to provide employees a safe workplace when the workplace is not one controlled by the employer?…

HR Defense

Akerman Insights on the Latest Developments in Labor and Employment Law

Blog Authors

Traps for the Unwary: Responding When An Employee Quits

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

Department of Labor Addresses Court Ruling By Issuing New FFCRA Leave Regulations

Employers Not Racing to Implement Employee Payroll Tax Deferral

Employees Are Responsible for Logging Remote Work Hours

Labor Day – More than just Barbecues and Parades

Screening Employees for Symptoms: Perils and Pointers

Longer Than Expected Layoffs May Trigger Notice Requirements

Common Sense Finally Prevails: Employers No Longer have to Tolerate Abusive and Offensive Conduct in the Workplace

Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

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