Various Articles

OSHA Lockout Tagout Standards: Guide for Employers

General industry employers face more lockout/tagout violations under OSHA’s Control of Hazardous Energy standard (29 CFR 1910.147) than almost any other workplace safety rule…
Executive Employment Agreements: [With Sample Template]

An executive employment agreement is a binding contract between a company and a senior-level hire that sets the terms of the employment relationship before work begins…
OSHA Warehouse Safety Checklist for Employers

Warehouses and distribution centers have some of the highest workplace injury rates of any industry in the U.S., which is why OSHA has established specific safety standards for all warehousing and distribution operations…
What is Type 2 Workplace Violence?

Type 2 is the most prevalent category of workplace violence in client-facing industries, and in healthcare it accounts for nearly three-quarters of all nonfatal workplace assault cases.
Creating a Strong Social Media Policy for Employees

Whether you’re building a social media policy for employees from scratch or tightening up what you already have, the consequences of getting it wrong can be significant…
Guide to California Wage and Hour Laws for Employers

Compliance with California’s wage and hour laws can be challenging for California employers, but with guidance from Conn Maciel Carey LLP’s Labor & Employment Practice, employers can understand their obligations and take steps to meet them.
How Employers Can Prevent Retaliation in the Workplace

Retaliation has been the most common employment complaint filed against employers in the United States for 17 consecutive years…
How Does the ADA Affect Hiring Practices?

The ADA prohibits employers from basing any hiring decision on an applicant’s disability, whether the disability is confirmed or only perceived by someone in the hiring process…
Chicago Sexual Harassment Training Requirements

Chicago Sexual Harassment Training Requirements include annual deadlines, manager-specific hours, and fines. Learn the steps to compliance.
How Employers Can Prevent Discrimination in the Workplace

A workplace discrimination claim starts when an employee challenges an employment decision and claims that the employer treated that employee differently…
Independent Contractor Misclassification [Updated for 2026]

Federal worker classification rules have been in flux since 2021, and the current administration’s DOL has…
Harassment Investigation Checklist For Employers

A written harassment investigation checklist can help employers prevent harassment in the workplace by following a consistent process…
Reasonable Accommodation Denial Letters [With Samples]

An accommodation request is how an employee lets their employer know they need something changed at work because of a medical condition…
OSHA Chemical Storage Requirements: How Employers Can Stay Compliant

OSHA defines a hazardous chemical as any substance that presents a physical or health hazard in the workplace…
The New York Retail Worker Safety Act

On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (S8358C/A8947C), a measure designed to enhance the safety of retail workers and address the growing concerns of workplace violence in retail environments…
MSHA’s Final Silica Rule: Scope, Obligations, and Deadlines

In 2024, MSHA finalized a rule that lowers the allowable silica exposure limit and expands operator obligations around monitoring, controls, and worker health…
MSHA Powered Haulage Rule: Employer Guide

On December 20, 2023, MSHA issued the Powered Haulage Rule to improve safety in mining operations involving surface mobile equipment…
Recruiting and Hiring Best Practices for Employers

Employers face discrimination claims when hiring decisions appear to rely on subjective judgments, inconsistent screening, or criteria unrelated to the job…
Wage & Hour Law Compliance for Employers

Complying with wage and hour laws can be tricky, as there are various federal, state, and local regulations that all impose different requirements upon employers…
What is the WARN Act? What Employers Need to Know

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide a 60-day notice before planned closings or mass layoffs…
Pregnant Workers Fairness Act: Guide for Employers

The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, introduced new requirements for employee workplace accommodations related to pregnancy, childbirth, and associated medical conditions…
What Does the 2024 Supreme Court Chevron Decision Mean?

In 1984, the Supreme Court ruled in Chevron U.S.A., Inc. v. NRDC that courts should defer to a federal agency’s interpretation of an ambiguous statute…
FMLA Exhaustion Letters: A Guide for Employers

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons…
Legitimate Reasons to Fire an Employee While Reducing Legal Exposure

Most private-sector jobs in the U.S. are considered at-will, which means employers can terminate the employment relationship at any time, with or without cause…
How to Prevent Harassment in the Workplace

Workplace harassment is a form of employment discrimination prohibited by numerous federal laws…
Understanding California SB 553 – For Employers

Senate Bill (SB) 553 is a piece of legislation that modified California Labor Code section 6401.7 when it was signed into law by Governor Gavin Newsom…
Sexual Harassment Investigation Questions for Employers

A sexual harassment investigation determines whether conduct violated company policies, federal or state laws, or both…
Implementing Your California Workplace Violence Prevention Plan

Workplace violence is a severe concern for employers across all industries, and California has taken a proactive stance in addressing this critical issue…
MSHA Inspection Checklist for Employers: How to Prepare

The Mine Health and Safety Administration (MSHA) requires mine operators to maintain a workplace that meets federal safety and health standards…
How to Conduct a Workplace Investigation

As remote work becomes a standard option for employees, employers need policies that clearly define workplace expectations, manage legal responsibilities, and support a safe, productive work environment…
The Four Types of Workplace Violence

Workplace violence affects employees across industries and creates risks that go beyond physical harm. It can lead to fear among employees, disrupt operations, and expose employers to liability…
How to Respond to Whistleblower Complaints

A good whistleblower policy provides employees with a structured, secure way to report misconduct, such as fraud, safety violations, harassment, or ethical breaches…
How to Complete the FMLA Designation Notice (WH-382) Correctly

The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for qualifying medical and family reasons…
What Employers Need to Know About the NLRB’s Joint Employer Rule

A joint employer classification can significantly impact how a business operates, especially when working with contractors, staffing agencies, or franchisees…
Recognizing the Warning Signs of Workplace Violence

Workplace violence poses a serious concern for businesses across all industries. The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), reported…
Preventing Workplace Violence in Healthcare

Workplace violence entails incidents that occur at a place of work involving physically and/or psychologically damaging actions…
FMLA Fraud Investigations: Employer Rights and Limits

The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons…
FTC Non-Compete Ban: Over Before it Began

In April 2024, the Federal Trade Commission (FTC) announced a new rule on the horizon: a non-compete ban that would have taken effect on September 4, 2024…
The Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1195)

Workplace violence is a significant concern for workers across the nation. The Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1195) is a legislative effort aimed at…
Wrongful Termination Defense for Employers

Most employment relationships are at-will. That means either the employer or the employee can end the relationship at any time, and usually without advance notice or explanation…
Harnessing OSHA Recordkeeping Software to Streamline Compliance

As a business owner, you know how important it is that you comply with the Occupational Safety and Health Administration (OSHA) regulations…
How to Calculate Overtime Pay [Employer Guide]

The Department of Labor closely watches how employers calculate overtime pay under the Fair Labor Standards Act (FLSA). The FLSA is a federal law that requires…
How to Negotiate Collective Bargaining Agreements: Employer Guide

Collective bargaining agreements (CBAs) define key aspects of the relationship between employers and unionized employees…
Union Avoidance Strategies for Employers

Maintaining a satisfied and engaged workforce is the most effective way for employers to prevent unionization…
Independent Contractor or Employee in California? What Employers Need to Get Right

In California, whether a worker is treated as an employee or an independent contractor determines what the company is responsible for providing…
What is a Bona Fide Occupational Qualification (BFOQ)?

A bona fide occupational qualification (BFOQ) is a narrow exception in discrimination law that lets an employer limit a job to candidates with a specific protected characteristic when the characteristic connects directly to the job’s core duties…
Wage and Hour Defense for Employers

Wage and hour lawsuits are among the most expensive problems an employer can face. A payroll error that shortchanges minimum wage or miscalculates overtime can…
USERRA-Compliant Military Leave Policies for Employers

When an employee who serves in the military gives notice that they received orders to report for duty, federal law imposes specific obligations on the employer…
Unfair Labor Practice Defense for Employers

The National Labor Relations Act (NLRA) sets the ground rules for how employers interact with workers about pay and other working conditions…
OSHA Defense Lawyers and How They Help Employers

An unexpected OSHA visit can halt production and expose a company to steep penalties. Inspectors move quickly to collect maintenance records and employee statements, then expand the inspection area to cite hazards they spot in passing…
HR Investigation Questions: Conducting Effective Interviews

Employers launch HR investigations to address workplace problems like harassment or discrimination complaints, retaliation reports, safety hazards, misuse of company property, and conflicts that disrupt operations…
How to Prevent Sexual Harassment in the Workplace

Sexual assault prevention starts with clear rules employees can follow and supervisors can enforce…
FMLA and ADA Defense: Employer Guide to Handling and Defending Claims

Employers are usually faced with FMLA or ADA claims once the company has notice that a medical condition affects an employee’s attendance or job duties…
Creating a Strong Sexual Harassment Policy

A strong sexual harassment policy sets a clear conduct standard employees can follow and supervisors can enforce…
Bad Faith Bargaining Defense for Employers

An employer engages in bad faith bargaining when it goes through the motions of negotiating with an employee or their representative without a real intent to reach agreement. Under Section 8(a)(5) of the National Labor Relations Act (NLRA), employers with unionized workforces have a legal duty to bargain in good faith with the union that represents…
ADA Reasonable Accommodation Checklist for Employers

The Americans with Disabilities Act (ADA) requires private employers with at least 15 employees to provide reasonable accommodations that make it possible for qualified workers with medical conditions to perform their “essential job duties.”…
ADA Compliance Guidelines for Hotels

ADA Compliance for Hotels Top ADA Priorities Hotel owners and operators face ADA exposure when a guest with a disability can’t use the hotel the same way other guests can. Most hotel ADA problems come from two sources: access on the property during a normal stay, and access through reservations and digital booking before the…
CalOPPA Privacy Policy Requirements

Operators Covered CalOPPA applies to any business that runs a commercial website or online service and collects and maintains personally identifiable information from California consumers through that site or service. A business can operate anywhere and still fall under CalOPPA when its site collects covered information from California users. “Operator” is the term CalOPPA uses…
Employee Attendance Policies: A Template for a Strong Policy

This template provides general guidance for drafting an employee attendance policy. Employers should consult with legal counsel to ensure their attendance policy complies with applicable federal, state, and local laws and fits their specific workplace needs. Attendance disputes usually begin when supervisors enforce an attendance policy unevenly across employees. When two employees commit the same…
Protected Concerted Activity: Employer Do’s and Don’ts

Section 7 of the National Labor Relations Act protects employees when they engage in protected concerted activity to raise concerns about pay or working conditions. Section 7 can protect employees who talk with co-workers about wages or benefits, as well as employees who act together to raise concerns about hours, scheduling, safety, or workplace rules.…
Is There an OSHA Standard for Ergonomics?

Ergonomics is the practice of designing work tasks and workstations so employees exert less physical force and spend less time holding awkward posture. OSHA does not have a federal ergonomics standard, but OSHA can still address ergonomic hazards through the General Duty Clause and other enforcement tools. Most employers cover ergonomics in some capacity in…
California Whistleblower Laws: Employer Guide

What Triggers Whistleblower Protection An employee triggers whistleblower protection by reporting what the employee suspects is unlawful conduct. Employees can report inside the company to a supervisor or to the person the company assigns to receive complaints, and employees can also report to a government agency or to law enforcement. Whistleblower protection means the employer…
FMLA Compliance Guide for 2025 [With Checklist]

Who FMLA Covers and When It Applies The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks of unpaid, job-protected leave over the course of a 12-month period. It applies when an employee needs time off for specific medical or family reasons, like a serious health condition, childbirth,…
FCRA-Compliant Background Checks: A Guide for Employers

The Fair Credit and Reporting Act (FCRA) was enacted to regulate how consumer information, including information contained in background checks, is collected and handled by employers. The FCRA sets strict guidelines on how businesses can gather and use this data when making hiring decisions. For example, pursuant to the FCRA, employers must obtain written consent…
Employer Defense Attorneys: What They Do and Why Employers Rely on Them

Employers rely on defense attorneys when internal issues threaten to become legal problems. Sometimes it starts with a single complaint—someone questions a termination, raises a wage concern, or reports harassment. Other times, the first sign is a formal notice from a government agency with a response deadline attached. In either case, the decisions made in…
Employee Handbooks: Tips for Compliance

Key Reasons to Create an Employee Handbook A well-crafted employee handbook serves several important purposes within an organization: NLRB Decisions and Implications for Employee Handbooks Notable NLRB Decisions The National Labor Relations Board (NLRB) is a quasi-judicial body that issues decisions that directly impact employer policies and employee rights. Because of this, employers need to…
Drug Testing Policy Template for Employers

Employers across a wide range of sectors use drug testing policies to meet legal requirements and maintain safe operations…
Developing a Compliant Religious Accommodation Policy [with Sample Letters]

Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on religion and requires them to provide reasonable accommodations for employees with sincerely held religious beliefs. Employers are required to evaluate each accommodation request on an individual basis and approve all requests that do not create an undue hardship on business…
Creating a Strong Remote Work from Home Policy: Employer’s Guide

The Importance of a Comprehensive Remote Work Policy Workplace investigations are important for both employers and employees. Workplace investigations help create a better work environment, address concerns, and lower the chance of legal issues. Looking into issues quickly shows that the employer cares about being fair and respectful. When done right, investigations clear up confusion,…
Common OSHA Violations and How to Avoid Them

Employers are responsible for maintaining safe workplaces that comply with OSHA standards. When OSHA standards are not met, the well-being of employees can be at risk, and employers can face significant fines and legal challenges. Proactively addressing OSHA compliance not only reduces liability but also promotes a safer, more productive workplace. If your organization is…
Can You Terminate an Employee After FMLA is Exhausted?

The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year. During that time, the employer is required to hold the employee’s position or be prepared to offer a comparable one with the same duties, schedule, and pay. Group health coverage also has to…
California Sexual Harassment Training Requirements: How to Stay Compliant

California employers are held to some of the strictest sexual harassment training standards in the country…
California Pay Transparency Laws: Compliance, Risk, and Putting Policy Into Practice

California’s pay transparency law applies to private employers with at least 15 employees that advertise jobs a person could perform while living in California, either on-site or remotely. The law also applies to California employers based outside the state if the position could be filled by someone working in California. Employers that meet the 15-employee threshold are…
Cal/OSHA Heat Illness Prevention

Protecting Workers from Heat-Related Risks Cal/OSHA Heat Illness Prevention Standards California’s Division of Occupational Safety and Health (otherwise known as “Cal/OSHA”) recently implemented the “Heat Illness Prevention in Indoor Places of Employment” standards. Cal/OSHA’s new standard is a comprehensive set of regulations intended to protect both indoor and outdoor workers from the dangers of heat…
Are DEI Programs Legal? When Do They Cross the Line?

Diversity, Equity, and Inclusion (DEI) programs are employer-led initiatives that focus on increasing representation, improving access to opportunities, and addressing workplace barriers tied to race, sex, and other protected characteristics…
ADA Disability Accommodation and Discrimination

A Guide for Employers ADA Overview The Americans with Disabilities Act (ADA) is a significant piece of federal legislation that protects individuals with disabilities from discrimination in various areas of life. Title I, in particular, applies to the protection of individuals with disabilities in the area of employment. Title I ensures that, so long as individuals with…
ADA Compliance Checklist [With Sample Checklist]

The Americans with Disabilities Act applies to private employers with 15 or more employees. It bars disability-based discrimination in every part of the employment relationship…