As COVID-19 restrictions continue to ease, many employers are navigating the best path forward for their business to ensure we keep our communities healthy while also protecting against potential litigation.  Employers and employees are asking many questions about their rights and thoughtful comprehensive planning and policies are necessary.  Employers have questions about whether they are

This post is co-authored with Larry Morgan, MAIR, SPHR, SHRM-SCP, GPHR
Originally published in The Minnesota Society of CPA’s

Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract.

On Feb.

When COVID-19 began its pernicious spread, causing Americans to lock down and employers to close or curtail their workplaces, lawyers were busy advising clients on required leaves of absence, the eligibility of laid-off employees for unemployment compensation and other paid benefits, as well as other legal issues associated with closing a business or sending a

Phyllis Karasov and Dan Ballintine discuss the matters employers need to consider when re-opening businesses after the Covid-19 shutdowns. Recalling only some employees, screening employees before they enter the workplace and dealing with employees who refuse to return to work are among the issues discussed.

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Over the past decade or so, more and more employers have purchased employment practices liability insurance (EPLI) through their agents. In general, EPLI provides employers with coverage, usually for both defense costs and damages potentially awarded in cases involving claims of discrimination or harassment by employees, overtime, and other allegedly unfair employment practices. At first

Inside or Outside Investigations of Employee Conduct or Complaints?

It almost goes without saying that it is imperative in these times that businesses conduct impartial, timely and thorough investigations of workplace misconduct, including employee complaints.  Doing so gives businesses better chances to resolve issues, salvage employees, avoid litigation or at least better defend against liability.

Employment practices liability insurance (EPLI) is a popular product for employers of all sizes. Many companies obtain EPLI coverage by purchasing a package of insurance policies covering a variety of management risks, such as directors and officers liability, professional liability, and cyber security. Once the policies are in hand, reviewing your company’s voluminous insurance terms

The Fair Labor Standards Act (“FLSA”) defines certain employees as exempt and others as nonexempt.  Nonexempt employees are generally entitled to receive overtime pay at a rate of at least one and one-half times the employee’s regular rate of pay.  Overtime is often easy to calculate on straight weekly earnings, but what happens when employees