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McBrayer Blogs

Showing 47 posts tagged employment law for employers.

Dogs and Horses and…Alligators? Oh My! How to Handle Service and Support Animals in the Workplace

Recently, a Philadelphia man made news when he and his “emotional support alligator” were denied entrance to the Phillies stadium. That decision may seem obvious, but in recent years, issues surrounding support and service animals have become more complicated, especially in the workplace. More >

Supreme Court Remodels Title VII Religious Accommodations in Groff v. DeJoy

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States  decided that this standard needs a reset, and employers may be in for a few changes. More >

New NLRB Memo Says Non-Compete Agreements Violate NLRA

Following the Federal Trade Commission’s (FTC) January proposal to ban non-compete agreements, the National Labor Relations Board (NLRB) has issued a memo stating that non-compete agreements, except in very specific circumstances, violate the National Labor Relations Act. Any employer who uses non-compete agreements, or other agreements that functionally serve as non-competes, should be bracing for impact. More >

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 >

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