Maybe don’t get a drink with your competitor.

Does the non-statutory labor exemption save the day?

Labor lawyers, take note.

The non-statutory labor exemption might help some employers.

That which is old is new again.

The U.S. Department of Labor's new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL's right to appeal the decision. And, of course, with the incoming Trump Administration, it isn't clear whether the DOL will bother with ...

Is that "random" drug test selection really random?

Many employers -- particularly, those in the transportation industry -- use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it's a great idea, because it prevents employees from claiming that they were selected for "random" testing in a not-very-random process.

Generally ...

I'd like to thank Sarah Phaff of our Macon, Georgia, office, who wrote this post with me.

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty of technology issues that an employer should look out for. Are you ...

The EEOC -- can't live with 'em, can't live without 'em.

As irritated as I sometimes become with the agency's lawsuits, I have to hand it to them. The guidance they have recently published jointly with the Federal Trade Commission on background checks is great -- written in plain English (no legalese), concise, and convenient. An employer can read and comprehend it without even needing an ...