Foulston Presents: HR Training Series Webinars

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

Taking Notes and Following Procedure

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

DOL Spotlights FMLA, FLSA, and Visa Program Retaliation in New Guidance

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

Crappy Birthday: Lessons on Accommodating Anxiety Disorders

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know that Leslie Knope lives for birthdays, but her boss Ron Swanson hates them. In one episode, Leslie pranks Ron by pretending to plan an elaborate birthday party for him, and Ron has a meltdown.… Continue reading Crappy Birthday: Lessons on Accommodating Anxiety Disorders

The Latest Updates on the Federal Government’s New Contractor Portal

The OFCCP is moving forward with the rollout of its new Contractor Portal (previously designated the Affirmative Action Program Verification Interface) for federal government contractors and subcontractors. The OFCCP is directing all supply and service contractors and subcontractors (construction contractors are not currently covered) who are required to develop and maintain affirmative action programs to register… Continue reading The Latest Updates on the Federal Government’s New Contractor Portal

DOL Spotlights FMLA, FLSA, and Visa Program Retaliation in New Guidance

On March 10, 2022, the U.S. Department of Labor (“DOL”), Wage and Hour Division 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 guidance provides a general overview of… Continue reading DOL Spotlights FMLA, FLSA, and Visa Program Retaliation in New Guidance

Federal “Me Too” Law Signals End of Forced Arbitration of Sexual Harassment and Assault Claims

On March 3, 2022, President Joe Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” commonly referred to as the “Me Too” law. The act, which amends the Federal Arbitration Act and becomes effective immediately, prevents employers from utilizing employment agreements that require mandatory arbitration of workplace… Continue reading Federal “Me Too” Law Signals End of Forced Arbitration of Sexual Harassment and Assault Claims

Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation

A new court ruling serves as a good reminder about the importance of engaging in an interactive dialogue with employees to determine reasonable accommodations for employees with disabilities – including a possible reassignment accommodation – and providing clear and consistent employment decisions.   Facts In this case, an employee sued his former employer, alleging that it… Continue reading Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation