Our Blog – Labor & Employment

Workplace Misconduct Investigations: How Involving Legal Counsel can Help Employers Mitigate Risk for their Organization

Workplace Misconduct Investigations: How Involving Legal Counsel can Help Employers Mitigate Risk for their Organization

Jul 01, 2024
Even the most seasoned organizational leaders and human resources teams should consider involving legal counsel to assist with complaints and allegations of workplace misconduct. Legal counsel can assist with workplace investigations in a variety of ways, from advising on the necessary steps to take to becoming directly involved and even conducting the investigation on behalf of the employer. It may even be best to let counsel conduct the investigation to ensure thoroughness and impartiality.
Exempt Employees May Be Due for a Raise

Exempt Employees May Be Due for a Raise

May 21, 2024
On April 23, 2024, the Wage and Hour Division of the Department of Labor published a final rule updating these exemptions by increasing the minimum salary requirements. Beginning on July 1, 2024, the minimum annual salary to qualify for the EAP exemption will increase from $35,568 to $43,888; on January 1, 2025, it will increase to $58,656. For highly compensated employees, the minimum annual salary will increase on July 1, 2024 from $107,432 to $132,964; on January 1, 2025, it will increase to $151,164.
Be Careful Not To Discriminate When Requiring An Employee To Transfer To A New Department

Be Careful Not To Discriminate When Requiring An Employee To Transfer To A New Department

Apr 23, 2024
The U.S. Supreme Court ruled last week that a job transfer could serve as the basis of a discrimination claim under Title VII, without a showing of “significant” harm. In Muldrow v. City of St. Louis, Missouri, the Court rejected a significant harm requirement to bring such a claim, indicating that the claimant need only show some injury in their employment.
Top 10 Reasons Employers Need an Employee Handbook

Top 10 Reasons Employers Need an Employee Handbook

Jan 05, 2024
Top 10 Reasons Employers Need an Employee Handbook. Make it Your New Year’s Resolution to Adopt an Employee Handbook or Update Your Existing Handbook for Workplace Success
The U.S. Supreme Court Clarifies the Meaning of “Undue Hardship” For Religious Accommodations under Title VII of the Civil Rights Act of 1964

The U.S. Supreme Court Clarifies the Meaning of “Undue Hardship” For Religious Accommodations under Title VII of the Civil Rights Act of 1964

Jul 28, 2023
In short, the Groff decision changed the legal landscape, making it more difficult for employers to deny requests religious accommodations. A de minimis increase in costs no longer constitutes an undue hardship and employers will need to accommodate requests unless there are “substantial increased costs in relation to the conduct of its particular business.”
U.S. Supreme Court Rules That in Certain Circumstances, the Fair Labor Standards Act Requires Overtime Pay Even for Employees Making Over $200,000 Annually

U.S. Supreme Court Rules That in Certain Circumstances, the Fair Labor Standards Act Requires Overtime Pay Even for Employees Making Over $200,000 Annually

Mar 10, 2023
On February 22, 2023 the U.S. Supreme Court ruled that in some cases, even already highly compensated employees are required by law to receive overtime pay.
Vermont Legislature Considers Expanding Paid Leave

Vermont Legislature Considers Expanding Paid Leave

Feb 01, 2023
The Vermont House of Representatives recently introduced H66, a bill that would create a twelve week per year fully paid family medical leave insurance program.
FTC Proposes New Rule to Bar Non-compete Agreements in Employment Contracts

FTC Proposes New Rule to Bar Non-compete Agreements in Employment Contracts

Jan 17, 2023
On January 5, 2023, the Federal Trade Commission (“FTC”) announced that it was proposing a new rule that has far-sweeping implications for the economy and labor market. The proposed rule would ban non-compete clauses in employment contracts.
ADA Does Not Require An Employer To Provide An Interpreter To An Applicant Who Is Not Otherwise Qualified for The Position

ADA Does Not Require An Employer To Provide An Interpreter To An Applicant Who Is Not Otherwise Qualified for The Position

Nov 11, 2022
Vermont’s federal appeals court, the Second Circuit Court of Appeals, recently ruled that an applicant must first be qualified for a prospective job position before the employer is required to provide reasonable accommodations in the hiring process.
COVID-19 Vaccine Policy Considerations for Employers and HR Professionals

COVID-19 Vaccine Policy Considerations for Employers and HR Professionals

Mar 12, 2021
In December, we saw the vaccine rollout begin in the U.S. and abroad, which inevitably led to a flood of questions about the best practices regarding mandatory vaccine policies. In this post is a list of considerations for employers and HR professionals who are contemplating a mandatory COVID-19 vaccine policy for their workplace.