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- Workplace Absence 2
Casual Conversation Becomes Criminal Conduct: Wage-Fixing and No Poaching Agreements
Employers need to be aware that casual conversations between competitors can now create significant legal risks. Recently, the Department of Justice (“DOJ”) has filed criminal charges against several employers alleging they illegally engaged in “wage fixing” or illegally entered “no poaching” agreements. Although the cases filed have been unsuccessful so far, we expect the DOJ to continue pursuing these charges.
Can Employers Still Conduct COVID-19 Screening Tests? It Depends.
During the early stages of the pandemic, many employers implemented mandatory, periodic COVID-19 screening tests for all employees. At that time, the EEOC approved the testing, finding that it was always “job-related and consistent with business necessity”, which is the standard employers must meet to conduct medical examinations under the Americans with Disabilities Act (“ADA”).
Summer Interns: To pay or not to pay?
As summer approaches, many employers are looking to hire student interns. The benefits of summer internships are mutual — companies create an accessible group of potential future hires, while interns obtain real-world workplace experience and training, as well as valuable networking opportunities. But many employers may be wondering — do we have to pay our interns? If so, how much do we have to pay them? And what other issues do we need to consider?
Update: DHS Extension on Guidance for Form I-9 Document Verification
Last month, we released an H(our) Way video detailing the extension on guidance from the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) for form I-9 document verification. As suspected, the extension has been prolonged from April 30, 2022 to the newly announced October 31, 2022.
California Reenacts COVID-19 Supplemental Paid Sick Leave
On February 9, 2022, California’s governor signed Senate Bill (SB) 114. The Bill restores California’s paid sick leave, which previously expired September 30, 2021. The agreement comes amid the omicron surge and the resulting labor shortage across the state’s workforce.