#Grateful
“The turkey. The sweet potatoes. The stuffing. The pumpkin pie. Is there anything else we all can agree so vehemently about?” — Nora Ephron We wish you a joyful, restful Thanksgiving! Foley & Foley PC Our offices will … Read More
All Posts | DHS | documentation | DOL | Homeland Security | I9 | I9 compliance | ICE | immigration | independent contractor | joint employer | penaltiies | policy | workplace
It’s Time to Get Your I-9 House in Order
We know there will be changes ahead with the Trump administration. Your inbox is full of speculation. If I had to put money on the most likely and fastest change to the workplace, it would be enforcement of immigration laws … Read More
The Federal Overtime Rule Isn’t Happening
Late last week, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s 2024 overtime rule. The rule had increased the salary threshold for certain overtime exemptions under the Fair Labor Standards Act … Read More
In NYC, Every Dog May Have its Day
A couple of weeks ago, the New York City Council introduced a bill to allow pet-owning employees to use their paid sick leave to care for their animals. Currently, earned sick time may be used for personal health needs, to … Read More
accommodation | All Posts | DEI | EEOC | I9 | I9 compliance | ICE | immigration | independent contractor | misclassification | NLRA | NLRB | overtime | pregnancy | Pregnant Workers Fairness Act (PWFA) | workplace
Now What?
Campaign promises are not always good predictors of future action. Given that Donald Trump was president once already though, we have some ideas of what to expect: IMMIGRATION ENFORCEMENT: I-9: Expect more I-9 audits, a lot more. Trump’s last year … Read More
NLRB Cannot Silence Musk
Free speech is having a moment. Not since my kids were young and tried to claim free speech rights against each other (fill in the blanks) have I heard so many claims of free speech. In the workplace, freedom of … Read More
All Posts | discrimination | DOL | EEOC | handbook | liability | litigation | policy | training | workplace
Does SHRM Have HR Issues?
What happened in the house of SHRM? Last week, a judge denied the Society for Human Resource Management’s attempt to prevent a jury trial on charges of maliciously engaging in race discrimination. The judge put it best: this is a … Read More
All Posts | backpay | discrimination | EEOC | pay equity | pay transparency | Title VII | wage and hour | wage and hours
Lily Ledbetter: The Passing of An Unlikely Icon
Imagine discovering that for decades you were paid half of what your co-worker made for the same job. Then imagine fighting that injustice and being awarded $3 million in back pay and damages–only to have the amount reduced to a … Read More
accommodation | ADA | All Posts | discrimination | EEOC | handbook | interactive dialogue | Nursing mothers | plan | policy | Pregnant Workers Fairness Act (PWFA) | training | workplace
Pregnancy Accommodation: EEOC Gets Serious
We all knew the Pregnant Workers Fairness Act (PWFA) would be a game changer. While challenges to the PWFA work their was through the courts, the Equal Employment Opportunities Commission (EEOC) is wasting no time enforcing the new law. In … Read More
accommodation | ADA | All Posts | disability | discrimination | EEOC | handbook | interactive dialogue | plan | policy | workplace
When 100% Is Not a Good Goal
Fed Ex wants its employees with medical restrictions to stay out of work until they are “100% healed.” Until medical restrictions were completely lifted, employees were forced to take unpaid medical leave, and some eventually terminated. It is certainly a … Read More
The FTC Non-Compete Rule is Dead.
Remember last year when the Federal Trade Commission created a rule banning non-compete restrictions nationwide? There were lawsuits, lots of them. We watched and waited. With the September 4, 2024, effective date for the Federal Trade Commission (FTC) rule rapidly … Read More