Author: foulstonsiefkin

The Federal Arbitration Act favors the enforcement of arbitration agreements. However, courts often apply a contract “waiver” rule if employers sit on their rights too long, meaning a party may waive the right to arbitrate if the party doesn’t compel it soon enough. But some courts required an additional showing that one party suffered prejudice… Continue reading Don’t Be Too Late to Arbitrate

Foulston will host HR Training webinars for HR professionals, managers, and business owners in all industries across the region. Each session will address HR issues that are important and relevant to employers. HRCI, SHRM, and CLE credit will be requested for webinar participants. Session Topics: The ABCs of Noncompete Agreements | September 29, 2022 Benefits… Continue reading Foulston Presents: HR Training Series Webinars

People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue?  Well, in one case, a manager held a grudge against an employee for 11 years. This case involved a former firearms instructor for the sheriff’s department, who sued the former… Continue reading Grudge Match

Retaliation occurs when an employee is punished for engaging in protected conduct.  Examples of protected conduct may include communicating with a supervisor about discrimination, refusing to engage in practices that would result in discrimination, requesting an accommodation for a disability, and filing a complaint. A recent court decision serves as another reminder that making sure… Continue reading Taking Notes and Following Procedure

Earlier this year, the U.S. Department of Labor (“DOL”), issued guidance on forms of prohibited retaliation under various laws the DOL enforces, including the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), immigration visa programs, and other laws and executive orders. The DOL’s new guidance suggests that the agency will be focusing… Continue reading DOL Spotlights FMLA, FLSA, and Visa Program Retaliation in New Guidance

Yogi Berra was one of the greatest baseball players in history. He was a three-time MVP, 18-time All-Star, and 10-time World Series champion. He went on to become a successful manager, leading both American and National League teams to the World Series.     But despite his legendary career on the diamond and in the dugout,… Continue reading A Yogi’s Guide to Human Resources