Employers

Subscribe to Employers

While employers in industries like construction and manufacturing are likely well-versed in specific Occupational Safety and Health Act (OSHA) regulations, an often overlooked regulation called the General Duty Clause applies to every employer.

Section 5(a)(1) of the Occupational Safety and Health Act (the “General Duty Clause”) requires an employer to provide a place of employment free from recognized hazards that may result in death or serious physical harm to its employees.  Violations include fines, legal liability, and reputational damage.

Continue Reading Understanding the OSHA General Duty Clause

In a recent decision, the National Labor Relations Board (“Board”) ruled that overly broad confidentiality and non-disparagement clauses in severance agreements are unlawful. In fact, even the mere offering of a severance agreement with these clauses is unlawful. Employers typically include these clauses in severance agreements either to restrict an employee from discussing the severance terms with coworkers or to restrict the employee from publishing false or defamatory comments about the employer following the employee’s departure from the company.  The Board reasoned that these two clauses, if drafted too broadly, might cast too wide a net and have a “chilling effect” on an employee’s exercise of their protected rights under the National Labor Relations Act (“Act”). This ruling applies to severance agreements offered in union and non-union private-sector workplaces.
Continue Reading NLRB Rules Overly Broad Confidentiality and Non-Disparagement Clauses are Unlawful

The U.S. Supreme Court recently ruled that an employer’s guaranteed daily rate pay plan for an employee earning more than $200,000 per year did not meet the “salary basis” requirement of the federal Fair Labor Standard Act’s (“FLSA”) executive exemption test, and therefore, the employee was entitled to overtime pay for all hours he worked over 40 in a given 7-day workweek.  This decision highlights the importance for employers of correctly classifying employees under the FLSA’s exemptions from overtime pay.  Helix Energy Solutions Group, Inc. v. Hewitt, __ U.S. __ (Feb. 22, 2023)(“Helix”).  Simply paying an employee a substantial amount of money each year may not satisfy the technical requirements of the FLSA.
Continue Reading Supreme Court Rules Employee Earning $200,000 Per Year On A Daily Rate Is Entitled To Overtime

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) to prohibit employers from entering into post-employment non-compete agreements with workers. The proposed rule, if adopted, would essentially ban non-compete agreements nationwide, with very limited exceptions.  The FTC will soon publish the NPRM in the Federal Register, triggering a 60-day public comment period.‎  Here are answers to some of the key questions employers may have about the proposed rule.
Continue Reading FTC Proposes Rule that Would Ban Almost All Non-Compete Agreements Across the United States

The employee interview process is a critical component of building and shaping school culture.  Not only is it a chance to learn more about candidates to your school and to determine their fit for a particular role, but it is also an opportunity to introduce your school, including its mission and vision, to the candidate. …

To kick off the New Year, employers with 11 or more employees working in Maine will need to review their policy related to the handling of accrued yet unused paid vacation at the end of employment.

Maine passed an amendment to Labor Law §626 requiring unused vacation time accrued on and after January 1, 2023, to be paid to employee at the end of employment. Final wages, now including unused, accrued vacation, must be paid to terminated employees no later than the next established payday.
Continue Reading New Maine Vacation Payout Law Effective on January 1, 2023

On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) published a new poster entitled “Know Your Rights.”  This new poster replaces the previous “Equal Employment Opportunity Is the Law” poster.  All employers subject to federal EEO laws must display the “Know Your Rights” poster on their premises in a conspicuous place.  The EEOC encourages employers to post it online as well.  An exclusively digital posting of “Know Your Rights” is permissible, but only if the employer does not have a physical location or its employees work remotely and do not come into the office regularly.
Continue Reading EEOC Releases New Mandatory Workplace Poster

Published in the New Hampshire Business Review (8/11/22)

New guidance narrows employers’ ability to screen employees.

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance and this article summarizes the key topics that employers should understand.

Return to Work Testing and Documentation

Under the Americans with Disabilities Act

…

With the end of the 2022 second quarter and inflation at a record high in more than four decades, some employers may be forced to take measures to reduce overall operational expenses. Reducing payroll costs is one of the cost-savings measures available to employers in these circumstances.  Unfortunately, however, this often results in the loss of employment for employees by way of a reduction in force, or a “RIF.”  If a company must move forward with such a process, it must be carefully planned and executed in order to minimize the risk of employment law claims.  Below is an overview of factors business owners and human resources professionals should consider when implementing reductions in staff, schedules or compensation.
…
Continue Reading Employee Reductions in Force, Furloughs and Other Cost-Savings Measures