Blog Archives

Ban the Box Gaining Momentum

Last week, President Obama announced yet another executive order, this one removing questions about an applicant’s criminal history from applications for federal jobs. Similar laws have been passed in cities and states across the country, including New Jersey, where the

Posted in Uncategorized

NLRB’s Position on Social Media Finally Hitting the Courts

It is common knowledge that the National Labor Relations Board (NLRB) has taken an aggressive position on employee use of social media constituting protected concerted activity.   In the last few years, the NLRB has repeatedly found that employee speech on

Posted in Uncategorized

Conscientious Objectors in the Workplace

Recently, the news has been filled with employees who refuse to perform their duties based on political, moral, or religious beliefs. Kentucky clerk Kim Davis was jailed for refusing to issue marriage licenses to same sex couples following the ruling

Posted in Uncategorized

Virginia Shooting Raises Questions About Background Checks

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people.  It is difficult, if not impossible, to predict when an employee will snap, or whether an ex-employee is likely

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Posted in Discrimination, Labor & Employment

Yelp Reviewers Are Not “Employees”

In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit.   On August 13, 2015, a federal judge in San Francisco

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Posted in Labor & Employment, Wage and Hour

Unions Want Exemption from $15 Minimum Wage

Apparently, Unions in Los Angeles are big believers in “Do What I say, Not What I Do.” Los Angeles recently joined a number of liberal cities in passing a bill that would raise minimum wage to $15 by 2020. Now,

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Posted in Labor & Employment, Wage and Hour

Department of Labor Issues Proposed Rule on Overtime

As we have noted for months on this blog, the Department of Labor (DOL) has been hard at work on proposed changes to the overtime regulations. Everyone knew the minimum salary threshold for exempt status was going to be raised,

Posted in Uncategorized

Colorado Allows Firing of Employee Who Used Medical Marijuana

As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana use, like alcohol, may be lawful

Posted in Uncategorized

Weather Events Create Difficult HR Issues

In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be found here.  The

Posted in Uncategorized

Uber and Other Startups Facing Independent Contractor Disputes

Perhaps the blurriest line in employment law is the difference between an independent contractor and employee. Companies prefer contractor status because it is cheaper and offers more flexibility. Contractors don’t receive benefits, can be relieved at any time with little

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Posted in Labor & Employment, Wage and Hour
About HR Headaches
HR Headaches is a blog for Human Resources professionals, business owners, and in-house counsel to get the latest news, analysis and tips in the area of labor and employment law. Every day there are new court decisions, agency interpretations, and regulations which affect the workplace, making it difficult, if not impossible, for many employers to keep current. HR Headaches is dedicated to providing information in a practical, no-nonsense manner to help employers avoid legal disputes and keep policies up to date.
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