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Labor and Employment Law
NCAA, Grant-in-Aid, and NIL: “Amateurism” vs. Big Sports
As money in and around college athletics increases, so too does the disparity between an athlete’s actual cost of attending college and the benefit the university receives from the athlete. Elite talent brings an immediate return on a university’s scholarship investment.
Read More “Reasonable Accommodation” and “Interactive Process” Under the Americans with Disabilities Act (ADA)
Employers need to be aware of two key terms under the Americans with Disabilities Act (ADA), “reasonable accommodation” and “interactive process"
Read More FMLA vs. the ADA
Although the Family Medical Leave Act (FMLA)* and the Americans with Disabilities Act (ADA) are distinct Acts, it can be difficult to determine if an employee qualifies for FMLA or ADA depending upon the situation.
Read More What should your company’s internet usage policy include?
It is important for a business to have an internet usage policy in place that sets and establishes guidelines for employees to follow while using the internet at work.
Read More Supreme Court Decision on Federal Anti-Discrimination Laws
The Supreme Court of the United States ruled on June 15, 2020 that the existing Federal Anti-Discrimination laws provide protection to applicants and employees on the basis of their sexual orientation and/or transgender status.
Read More My Company’s Data Server was Hacked. Now what?
Cyber-actors (or “hackers”) are targeting businesses to obtain any and all information that might have some form of value. It is imperative that companies have a set of steps in place to respond quickly for the sake of those affected and to comply with any and all regulating state or federal authorities, such as any applicable State Attorney General’s offices.
Read More Final Title IX Regulations
On May 6, 2020, the U.S. Department of Education released the long-awaited final regulations regarding the procedures for colleges to use in handling sexual-harassment complaints.
Read More Guidance from OSHA on COVID-19 Reporting and Recordkeeping
The Occupational Safety and Health Administration (OSHA) released two memos regarding the COVID-19 pandemic: one regarding employer’s record-keeping requirement; one regarding process and procedures for investigations.
Read More The Department of Labor Updates Its Definition of “Regular Rate of Pay” under the Labor Standards Act
The U.S. Department of Labor (“DOL”) issued its final rule, effective January 15, 2020, updating the requirements for calculating the regular rate of pay under the Fair Labor Standards Act (“FLSA”).
Read More Review Employer Charge Statements from Indiana’s Department of Workforce Development for Accuracy
If you are - or work for - an employer dealing with layoffs, furloughs, or separations, it is important for you to be vigilant in reviewing the Charge Statements issued by Indiana’s Department of Workforce Development (DWD).
Read More Stites to be Presenter at Virtual HR Conference
Anthony Stites was a presenter at the 56th Annual Indiana HR Virtual Conference. His video presentation was titled "Real Life Scenarios Handling Transgender and Sexual Orientation Issues in the Workplace."
Read More Families First Coronavirus Response Act Notice
The U.S. Department of Labor issued the Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave Under The Families First Coronavirus Response Act Poster.
Read More Families First Coronavirus Response Act Effective April 1, 2020
Helpful links from the U.S. Department of Labor to help you and your company regarding the
Families First Coronavirus Response Act taking effect April 1, 2020.
Read More U.S. Department of Labor Issues Final Rule on the Definition of "Joint Employer"
The U.S. Department of Labor (DOL) issued a final rule on the definition of "joint employer" under the Fair Labor Standards Act (FLSA), which will take effect on March 16, 2020.
Read More National Labor Relations Board Announced Major Changes to Union Election Rules
On December 13, 2019, the National Labor Relations Board (the Board) announced major changes to its union election rules. Expected to take effect on April 16, 2020, the new rules modify what is commonly known as the "quickie election rules" or "ambush election rules."
Read More Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts
Employment contracts frequently include restrictions on an employee’s ability to work for a competitor (non-competition clause) or to solicit the employer’s employees or customers (non-solicitation clause) for a period of time after the employee’s employment ceases.
Read More Cohen to Present at NIHRA Meeting
Labor and employment attorney Joe Cohen presented at the January 6, 2020 meeting of the Northeast Indiana Human Resources Association.
Read More Department of Labor Issues Final Rule on What Perks Can be Included in "Regular Rate" of Pay
The U.S. Department of Labor announced its final rule on what perks employers can exclude from the regular rate of pay calculation.
Read More Respecting Employees’ Privacy Rights during an Internal Investigation
An employer must respect employees’ privacy rights when conducting internal investigations in response to a claim or allegation. However, at the same time, it is necessary and important for the employer to obtain all of the relevant factual information. In most instances, the investigation must be conducted promptly and thoroughly.
Read More Laws Impose an Affirmative Obligation to Investigate
There are various laws and statutes that create a duty to investigate by the employer when a claim has been made by an employee.
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