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
Over the last several years, HR managers have struggled with recruitment and retention, but few industries have had as much difficulty in obtaining adequate staff as healthcare. Recognizing these issues, during the 2022...more
The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by the base requirements of the Act. This includes being paid minimum wage for every hour worked and time and one-half for all...more
In the last article, we covered an Iowa Court of Appeals case relating to severance/separation agreements and whistleblower claims. Other issues have cropped up regarding severance agreements and their enforceability but on...more
3/23/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements
Over the last decade, there has been confusion and a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability...more
One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more
7/25/2022
/ Department of Labor (DOL) ,
Disability Leave ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Leave of Absence ,
Medical Leave ,
Wage and Hour
The WARN Act requires businesses to give employees notice of a large-scale layoff. Who receives the notice and when can be confusing. Here are three common questions about WARN notices....more
7/12/2022
/ Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Businesses operating in Iowa need to take into consideration both the Federal WARN Act, which applies to companies with 100 or more employees, as well as the Iowa Layoff Notification Law, or the Iowa Mini-WARN, which applies...more
7/7/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour ,
WARN Act
Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more
Q: With the current employment shortage we find ourselves hiring more high school or younger employees. What are the limitations there?...more
Q: Ban the Box has been around for several years now, and I know at least one city in Iowa implemented local regulations about background checks. What is the status in Iowa?...more
3/11/2022
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
State Labor Laws
Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more
3/3/2022
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
State Labor Laws ,
Wage and Hour
As employees return to the workforce from remote work and the ability to take a break and walk the dog whenever they want, many are demanding to increase flexible work schedules. As humans, we think primarily about what...more
Q: My employee wrote a long statement regarding a recent disciplinary action. What am I supposed to do with that? ...more
Q: We gave an employee a performance improvement plan and now they refuse to sign it. What do I do?...more
Q: I have an employee who periodically engages in poor behavior. Generally, what happens is just as the prior warning is being removed from the file, after six months or a year, the behavior occurs again. What should I do?...more
Q: We have an employee who is struggling with the basic tasks of their job. I have counseled the employee multiple times and they do well for a couple of weeks but then they backslide. I feel like I can’t fire them because...more
If the chaos of COVID wiped out all your memory regarding recent employment law changes, a short history lesson is probably in order. Nationally, a number of cities, states, counties, and municipalities decided to change...more
Even though we haven’t finished the Drake Relays and most likely have at least one more blizzard in our future, employers are thinking about when school ends and potentially hiring youth workers in Iowa. Employers who hire a...more
On February 25, 2021, the US Department of Labor issued guidance for state-based unemployment compensation programs. The guidance addresses the concern that some workers lose unemployment compensation benefits if they refuse...more
Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more
Q: We want to diversify our workforce. Can we list Spanish language fluency as a job requirement in the posting to attract Latinx applicants?...more
Q: We have an Iowa Code 730.5 compliant drug testing program. However, we have an applicant who, due to a health condition, cannot provide a urine sample for drug testing. Can we just disqualify him? ...more
Prospective employees at a healthcare facility are subject to a significant number of record checks as part of the post-offer and pre-employment process. Employers are required to do a SING check, which incorporates a review...more
3/6/2020
/ Background Checks ,
Child Abuse ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Healthcare Facilities ,
Hiring & Firing ,
Job Applicants ,
Medicaid ,
Medicare ,
OIG ,
Suspensions & Debarments
Q: I have a potential hire who came back with a hit on her SING check. She seems like a great nurse and claims she has a prior clearance which will allow her to work. Is that enough?...more