The news has been filled with reports on the current focus on immigration, including workplace enforcement conducted by Immigration Customs and Enforcement (ICE). Beyond preparing for potential agency actions or review,...more
As a manager or even a co-employee, how you interact with others is a critical component of your job. Many employment lawsuits are built on a failure to communicate as well as fundamental communication errors. Many HR...more
Healthcare entities have faced increasing pressure from the Department of Labor regarding wage and hour issues. Some of this is a hangover from COVID and the long hours many healthcare workers endured trying to meet the needs...more
It is rarely a good idea to ignore an agency request or summons, to thumb your nose at agency authority, or to simply tell them to go pound sand. There have been a variety of issues in agencies where failure to cooperate...more
In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friend looks at him and says, “Well just check the chip, didn’t you chip her? Our dog got chipped before we even...more
As most public employers know, the rules that apply to the rest of the private employment world are sometimes different for them, particularly when it comes to pay, leave, and similar items. Iowa Code 29A.28 provides that...more
In 2023, Chief Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued two memorandums addressing non-disparagement agreements, non-competes, and a variety of other contractual terms such as...more
Informed consent remains critical in healthcare, and over the last several years, there have been multiple updates from agencies and commissions providing clarifications. Most recently in April 2024, Centers for Medicare &...more
This spring, the US Equal Employment Opportunity Commission (EEOC) issued a press release that its Pregnant Workers Fairness Act (PWFA) would be published in the Code of Federal Regulations in April and become effective in...more
10/4/2024
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
Q: I have an employee on FMLA and I’m not certain how to count holiday leave....more
As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...more
Every region has its stereotypes, but here in Iowa, we lean into the Midwest image: polite, pragmatic, team-oriented (think barn raising), and stubborn as dirt, all qualities that can serve you well as a manager....more
AI is a buzzword on everyone’s lips in 2024, and to quote a hit song from the 1980s, apparently “The future’s so bright I gotta wear shades.” In other words, many are quick to sing the praises of AI and the opportunities that...more
7/18/2024
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Collection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Innovative Technology ,
Machine Learning ,
NLRB
In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more
In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more
5/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Human Resources Professionals ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more
The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant...more
5/7/2024
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Human Resources Professionals ,
Non-Compete Agreements ,
Nonprofits ,
Restrictive Covenants
A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more
On April 15, 2024, the US Equal Employment Opportunity Commission (EEOC) issued a press release indicating that its Pregnant Workers Fairness Act regulations would be published in the Code of Federal Regulations on April 19,...more
We live in a culture of escalation, drowning in drama, even in our workspace. Reality TV, social media, and other media platforms all scream at your employees that they need to be outraged, loud, and over the top just to be...more
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...more
2/22/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Confidentiality Policies ,
Employer Liability Issues ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Healthcare Facilities ,
Healthcare Workers ,
Human Resources Professionals ,
Independent Contractors ,
Joint Employers ,
NLRB
On January 11, 2024, the EEOC announced it was settling an alleged sex discrimination claim with a national retail corporation in Ottumwa, Iowa. The allegation was that the store had improperly used sex stereotyping about...more
A subpoena isn’t a magic wand that immediately requires a business to provide all documentation to the party requesting it. What if it’s requesting trade secrets? Confidential patient information? Should you ignore it?...more
Q: My direct report and I have been asked to testify as witnesses for a lawsuit involving our employer. What do we need to know about the interviews?...more
For many working in human resources, at some point they will be tasked with conducting witness interviews. If there’s litigation, they may assist in witness preparation and/or being present at depositions, trials, and...more