Legal guidance and commentary.

This tool includes:

  • In-depth legal analysis of existing and upcoming employment laws.
  • Discussion of the interplay and reconciliation of concurrent and - at times - competing employment law requirements in certain key areas.
  • Expert views on the implications of key employment law trends.

New and Updated

  • Unpaid Interns and Trainees Under the FLSA

    Unpaid internships or training programs can result in a lawsuit for back wages and overtime under the Fair Labor Standards Act (FLSA) unless specific criteria are satisfied. This Legal Insight analyzes standards established by the US Department of Labor and by the federal courts in an effort to guide employers that may wish to establish unpaid internships or training programs.

  • The Bermuda Triangle Has Expanded: The FMLA's Intersection with the ADA, Workers' Compensation and More

    This Legal Insight examines the intersection of rights that has been referred to in publications and presentations as "The Bermuda Triangle," and includes a discussion of FMLA, the ADA and workers' compensation laws.

  • What Employers Should Know About the Affordable Care Act (ACA)

    The Patient Protection and Affordable Care Act of 2010 (ACA), often referred to as Health Care Reform, was enacted to establish near universal health care in the United States. This Legal Insight covers the ACA provisions that employers need to know.

  • Hot Topics in the Financial Services Industry

    It is critical that financial services industry employers understand the consequences of noncompliance with the many laws that apply to this highly regulated industry. This Legal Insight highlights some of the more notable legal requirements to help HR spot potential issues. By becoming more familiar with the growing number of rules applicable to the financial services industry, employers can and should take proactive steps to ensure compliance and thereby lessen any risk of civil and/or criminal liability.

  • Employee Travel Time Under the Fair Labor Standards Act

    It can be difficult to determine whether an employee must be paid for time spent traveling, whether the travel is for a business trip, a commute to work or to visit customers during the course of the workday. This Legal Insight addresses travel time under the Fair Labor Standards Act (FLSA) in an effort to help employers remain compliant and avoid an employee lawsuit or an investigation from the US Department of Labor (DOL).

  • Workplace Bullying

    There is no specific standard legal definition for what constitutes bullying, nor is there specific federal legislation in the United States that prohibits workplace bullying. However, employers could be liable under other theories of liability such as intentional infliction of emotional distress and negligent hiring. Accordingly, employers must take all necessary steps toward eliminating bullying and abusive behavior.

  • Hazy Future: Reconciling Federal and State Laws on Marijuana Use

    Conflicting messages about state and federal marijuana laws have left employers wondering whether they may regulate medical marijuana use during working and non-working hours as well as the ability of employers to drug test employees and applicants. Employers need to be aware of the state of the law on the federal and state level as well as proposed legislation and how this can impact their workplace policies and procedures as well as how to implement a drug-free workplace policy and discipline employees for marijuana use.

  • ERISA: Fiduciary and Disclosure Duties

    The Employee Retirement Income Security Act (ERISA) requires plan sponsors to meet fiduciary, reporting and disclosure requirements. ERISA also sets minimum standards for participation, vesting, benefit accruals and funding. This Legal Insight focuses on a plan sponsor's fiduciary and disclosure responsibilities under ERISA and explains how to navigate DOL regulations and enforcement activities.

  • The Reasonable Factor Other Than Age Defense Under the ADEA

    This legal insight analyzes Supreme Court precedent on the Reasonable Factor Other Than Age Defense and a new EEOC rule that makes it harder for employers to establish the RFOA defense in a disparate impact discrimination claim under the ADEA.

  • Gender Identity, Gender Expression and Transgender Status in the Workplace

    Courts and administrative agencies are reinterpreting federal and state antidiscrimination laws, and many state laws and municipal ordinances have been amended as providing employment-related protection for transgender individuals. These changes have a significant impact on employers' obligations to their employees, and opens the door for increased exposure and liability for those employers who do not incorporate this into their EEO policies and procedures.

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