employment law

Should You Fire Bob? HR’s 3-Part Checklist for Termination Decisions Involving Misconduct and Alcoholism

Should You Fire Bob? HR’s 3-Part Checklist for Termination Decisions Involving Misconduct and Alcoholism

Bob was a solid, long-term employee. But at the company retreat, he stayed late at the bar, had a few too many drinks, and made a highly inappropriate pass at a member of the hotel staff. The hotel had enough and called you, his supervisor, to come get him. You dutifully complied and found Bob […]

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The Hidden Risks of an Outdated Employee Handbook (And How to Fix It)

The Hidden Risks of an Outdated Employee Handbook (And How to Fix It)

Does your company’s employee handbook prohibit the use of Walkmans in the workplace? Does your document retention policy mention floppy disks? Does your dress code policy refer to “clam diggers” and “pedal pushers?” Does your handbook look like it was created by Dr. Frankenstein with bits and pieces from many other policies and handbooks from

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FLSA Reclassification: 5 Steps to Move from Exempt to Non-Exempt Compliance

FLSA Reclassification: 5 Steps to Move from Exempt to Non-Exempt Compliance

In the first installment on FLSA classifications we suggested that employers perform an internal audit to assess compliance with FLSA and state law exemptions from overtime. In this post, we review a key strategic tool to address the misclassifications. Reclassification from exempt to non-exempt is a key compliance step under the FLSA. When done proactively,

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DOL Issues Technical Amendment Reinstating 2019 FLSA Overtime Regulations

DOL Restores Pre-2024 FLSA Overtime Exemptions: $684/Week Salary Threshold Now in Effect

On Thursday, May 14, the U.S. Department of Labor (DOL) issued a technical amendment formally restoring the pre-2024 regulatory text governing overtime exemptions under the Fair Labor Standards Act (FLSA), implementing federal court orders that had already vacated the Biden-era salary threshold rule. For employers across the country, this development carries immediate and practical implications.

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AI Hiring Tools: New State Laws, Federal Risks & Compliance Strategies for Employers

AI Hiring Tools: New State Laws, Federal Risks & Compliance Strategies for Employers

Employers are increasingly integrating artificial intelligence (AI) into the hiring process, deploying AI hiring tools across multiple stages of the employment funnel, including to manage application volume. Common AI hiring tools include: (1) passive recruiting technology to identify qualified candidates and invite them to apply to open positions; (2) resume scanners to rank or otherwise

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Employer Liability for Third-Party Harassment Under Federal and State Law

Employer Liability for Third-Party Harassment Under Federal and State Law

Third-party harassment occurs when an employee faces discrimination or a hostile work environment caused by non-employees like clients or vendors. Employers have a legal duty of care to protect staff from such conduct under federal and most state laws.  Discover how to identify signs of harassment and the strategic steps employees should take to protect

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Beyond Policy: Why Ongoing Workplace Behavior Training Matters

Beyond Policy: Why Ongoing Workplace Behavior Training Matters

Responsible employers have long known that having comprehensive workplace behavior policies are essential but not nearly enough. Even organizations with well‑established policies can find themselves exposed if they can’t demonstrate that they are continually reinforcing standards, assessing risks, and equipping workers to identify and prevent harmful conduct. Employers are facing an increasingly complex compliance landscape

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Navigating Political Expression in the Workplace: Legal Risks and Best Practices

Navigating Political Expression in the Workplace: Legal Risks and Best Practices

This past year employers in the United States have seen an increase in workplace political discourse as they try to balance offering freedom of expression, avoiding workplace division, and complying with state and federal laws. This guide highlights the laws that could be implicated with workplace political speech, and offers tips on minimizing liability. Laws

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DOL's 2026 Proposed Rule: Easier Independent Contractor Classifications with Core Focus on Control and Profit/Loss

DOL’s 2026 Proposed Rule: Easier Independent Contractor Classifications with Core Focus on Control and Profit/Loss

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of

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Minnesota's New Paid Leave Program: Does It Cover Fear of Civil Unrest from Protests and Immigration Enforcement?

Minnesota’s New Paid Leave Program: Does It Cover Fear of Civil Unrest from Protests and Immigration Enforcement?

Minnesota’s Paid Leave Program (often referred to as Minnesota Paid Leave) officially took effect on January 1, 2026, creating a statewide paid family and medical leave benefit for most employees working in Minnesota. The law provides partial wage replacement and job protection for qualifying family and medical events. The Upshot Key features of the law

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