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McBrayer Blogs

Showing 44 posts tagged employment law.

A Day in the Life Working from Home – What Time is Compensable?

Nearly three years after it suddenly became a necessity for many employees to work from home, it’s clear that teleworking isn’t going anywhere. Many employers have chosen to allow for remote or hybrid work arrangements—but in the “work from home” era, issues like timekeeping for non-exempt employees can get a little fuzzy. We’ll walk you through a teleworking employee’s day and give you the rundown on what is compensable time under the Fair Labor Standards Act (FLSA), what isn’t, and tips for making sense of it all. More >

FTC Moves to Ban Non-Competes

On January 5th, 2023, the Federal Trade Commission released a proposal for a new rule that would ban almost all forms of non-compete agreements—and employers should be warned. The rule, as proposed, would cause major administrative headaches for employers—as well as eliminating a key tool for protecting trade secrets, client bases, and more. More >

New Standard Mileage Rates for 2023 Issued by IRS

Posted In Employment Law, IRS

Effective January 1, the IRS has issued the 2023 optional standard mileage rates for employers to calculate reimbursement for employees who operate a vehicle for business purposes. More >

Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA

Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >

Does Your COVID Testing Program Pass the Test? – EEOC Updates COVID Guidance for Employers

After nearly two and a half years of constantly evolving standards for handling COVID in the workplace, it is no surprise that the EEOC has updated its guidance once again. The most significant change in guidance applies to testing employees for COVID, and employers should be aware of this shift in order to maintain compliance. More >

Beat the Heat with a Workplace Safety Plan

This summer is proving to be another hot one in many parts of the country, which means the odds of workplace illnesses and injuries relating to excessive temperatures are much higher. In April, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program focused on addressing workplace heat hazards, which will entail OSHA conducting inspections to identify heat-related hazards in workplaces both indoors and outdoors. Employers should have a plan to avoid liability for heat-related illnesses and to be prepared should such an inspection occur. More >

An Employer's Guide to Intermittent FMLA Leave

Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >

Boeing, Boeing, Gone! NLRB GC Recommends Reversal of Employer Handbook Standards

With any new administration in Washington comes changes to the National Labor Relations Board. From the start, Biden’s NLRB has made clear their goal to reverse the employer-friendly handbook standards established by the Boeing decision, and the General Counsel’s March 7th post-hearing brief includes recommendations that take further steps towards that goal. More >

Employer Update: Keeping Up with COVID

Nearly two full years into the pandemic, employers are still struggling to keep up with ever-evolving guidance, requirements, and recommendations regarding the virus—and for good reason, as the advice for how to keep employees safe while staying in business has been constantly evolving.  As the Omicron variant creates even more problems, some employers are suffering now more than ever. We have rounded up crucial updates for employers so you can handle the ongoing impacts of the pandemic to the best of your ability. More >

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