HR Legalist

HR Legalist

Employment Law Updates
& Best Practices for Employers

Restrictive Covenants in the Construction Industry: An Often Overlooked and Underutilized Source of Protection

Posted in Restrictive Covenants

Constructin handshake15624575 Restrictive covenants come in many forms; they can be stand-alone agreements, such as a confidentiality agreement, or they can be included in various types of contracts, such as noncompete or nonsolicitation provisions in employment contracts, asset purchase agreements or stock purchase agreements. Continue Reading

Federal Judge Enjoins President’s Immigration Action

Posted in Immigration

Male Judge In CourtroomOn Monday, February 16th, a federal judge in Texas ruled in favor of the state of Texas and 25 other states to halt President Obama’s executive action on immigration, which was announced in November 2014.   HRLegalist previously noted that the U.S. Citizenship and Immigration Service would begin accepting applications for the expanded version of the Deferred Action for Childhood Arrivals (DACA) initiative as of February 18, 2015.  However, the administration has temporarily suspended this program in order to comply with the federal injunction.

The Texas judge found that the administration’s programs would impose major burdens on states, straining state budgets, and that the administration had not followed required procedures for changing federal rules as mandated by the Administrative Procedures Act.   The judge stated that the Government has “clearly legislated a substantive rule without complying with the procedural requirements under the Administrative Procedures Act.”

Although the Obama Administration is appealing the order, USCIS will not begin accepting requests for the expanded program.  However, the court’s injunction does not affect the existing DACA program currently in place. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012. Check back with HRLegalist for additional updates.

Paid Sick Leave Is a Reality In Philadelphia: How Will It Affect Your Business?

Posted in Paid Sick Leave

paid sick leave (2)Philadelphia has joined the 16 cities and three states that require private employers to provide employees with mandatory paid sick leave. The city ordinance, which was signed into law by Mayor Nutter on February 12, 2015, affects employers that employ at least 10 employees for 40 or more weeks in a calendar year. Mayor Nutter vetoed similar legislation in 2011 and 2013 based upon concerns that employers had yet to recover from the recession. The ordinance takes effect on May 13, 2015. Continue Reading

Managing Workplace Romances to Minimize the Perils of Valentine’s Day

Posted in Workplace Policies

With love in the air and Cupid circling the office, employers should be wary of sexual harassment lawsuits this Valentine’s Day. A 2013 survey conducted by the Society for Human Resource Management (SHRM) found that 43% of employers struggled with managing office romances, especially those that have gone awry. There are several cases over the years where an employee has received unwanted affection on Valentine’s Day from co-workers or supervisors, and employers have been ill-equipped to handle the fall-out. Continue Reading

Illegal Immigrants and DACA: What Is It and Why Is It Important?

Posted in Immigration

In our blog post on November 17, 2014,  we summarized the substance of the White House announcement laying out a number of executive actions that President Obama is taking to address the fact that nearly twelve million illegal immigrants currently reside in the United States.  Among those actions is an expansion of the DACA program.  But, what is DACA and why is it important for employers? Continue Reading

Super Bowl or Bust: Can Employees Gamble on the Big Game?

Posted in Workplace Policies

It is estimated that the 100 million dollars in wagers that Nevada sports books accepted for the 2014 Super Bowl accounted for just 1% of all Super Bowl betting last year; and the total amount of money wagered on the upcoming Super Bowl, both legally and illegally, is expected to surpass 10 billion dollars. In other words, the action on Sunday’s matchup between the Seattle Seahawks and the New England Patriots is projected to exceed the annual GDP of more than forty countries. Continue Reading

Workplace Winter Safety: Protecting Employees from Winter Weather

Posted in OSHA, Workplace Policies

Last year, temperatures throughout the United States dropped to record lows; and weather stations were abuzz with tips on preparing for the “polar vortex,” which brought with it arctic blasts and heavy snowfall. Meteorologists are predicting another harsh, cold winter and have provided a list of instructions for surviving the long winter months. However, meteorologists are not alone in dispensing guidance and preparation tips in anticipation of extremely cold weather. With the onset of winter, the Occupational Safety and Health Administration (OSHA) is reminding employers and workers to take necessary precautions to prevent and treat cold-induced injuries and illnesses. Continue Reading

Tips to Help Stem the Rising Tide of FMLA Claims

Posted in Family Medical Leave Act

In recent years, the number of federal lawsuits filed under the Family and Medical Leave Act (“FMLA”) has been steadily increasing.  In 2012, there were 406 new federal FMLA cases filed nationally.  In 2013, that number more than doubled to 992; and, in 2014, there were 1115 FMLA lawsuits filed in federal courts throughout the country.  After a record year for FMLA lawsuits, it is important for employers to review and re-evaluate their FMLA policies and procedures to avoid becoming part of the FMLA litigation statistics in 2015. Continue Reading

Executive Action on Immigration: Employer “Cheat Sheet”

Posted in Immigration

On December 15, 2014 HRLegalist editor, Gregory Eck, presented a webinar on President Obama’s executive order on immigration reform. Among the measures the president announced are several actions that will affect employers in significant ways. The following is a slide presentation from the webinar.  Click here to view the slides.

The NLRB “Steals” Christmas with New “Ambush” Election Rules

Posted in Ambush Elections, Labor Relations, NLRB

Feeling the holiday spirit, the National Labor Relations Board (NLRB) (i.e., management’s “Grinch”) has stolen any chance for employers to enjoy the holidays, while bestowing another significant Christmas gift on Big Labor—new union representation election rules (or as many are calling them, the Ambush Election Rules). Adding another tool to Big Labor’s organizing arsenal, the NLRB’s gift will surely be the gift that keeps on giving! Continue Reading