The November-December edition of Constangy's Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor's overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez's run for chair of the Democratic National Convention, and some dude in ...

In our December edition of ConstangyTV's Close-Up on Workplace Law, host Leigh Tyson interviews Tommy Eden about the growing number of states that have legalized marijuana use and how employers in "legal pot" states should respond. Please tune in!

https://www.youtube.com/watch?v=aX5a2xqwhU4

Last week, I talked about why documentation is so important as part of an employer's legal defense.

Today I'd like to talk about what good documentation should contain. Some of these are so obvious as to be almost ridiculous, but many supervisors and managers omit them. (Trust me!)

No. 1: It shows who wrote it. Remember when your fifth grade teacher gave you a zero on that project that ...

Robert Ortbals
Bob Ortbals

With employee mobility and desire for flexible work arrangements continually increasing, some employers are turning to non-compete agreements to limit the disruption to their workforces. But as some employers have been using non-competes with low-wage, unskilled workers, criticism has followed—including a recent White House call for states to ban ...

Documentation. What a pain! You have so many more important things to do. But taking the time to document is a good practice that may save you a lot of grief later.

I know that most of you already know what I'm about to say, but you can share this with your "operations" management.

No. 1. Good documentation provides you and your managers with a record. That's a big deal in itself, and it becomes an ...

Sources within President-Elect Donald Trump's transition team said today that Mr. Trump's nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee's and Carl's Jr. A formal announcement is expected on Monday.

UPDATE (12/8/16): Well, I guess it's already official.

CKE's website has a bio of Mr. Puzder, but it has ...

Stephanie Underwood
Stephanie Underwood

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary:

Federal 6-in-1 Poster 

The U.S. Department of Labor made changes to some of the posters included in what is commonly called the Federal 6-in-1 Poster. The changes ...

Tommy-Eden.jpeg
Tommy Eden

As we expected here and here, the day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of commercial drivers' licenses. The effective date of the Final Rule is January 6, 2017, but transportation employers ...

The November edition of ConstangyTV's Close-Up on Workplace Law tackles workplace holiday parties, the legal risks, and how to minimize those risks. Host Leigh Tyson interviews Gary Wheeler of our Jacksonville Office about what employers should and shouldn't do. If you haven't already done so, please subscribe to our YouTube channel.

The new, improved I-9 form. Elizabeth Joiner

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article in the Washington Post

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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