Your Business and the Law

New Final Rule: Independent Contractor Gets a Makeover

New Final Rule: Independent Contractor Gets a Makeover JANUARY 18, 2024 BY FOLEYFOLEYPC The Biden administration is finally getting its rule on what determines an independent contractor relationship. The Trump era rule, which was much broader, has been rescinded. In its place is a six part test, considering a “totality of the circumstances,” that will […]

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We Need to Talk About Workplace Violence, Still

SEPTEMBER 27, 2023 BY FOLEYFOLEYPC Much of what happens in life, also happens in the workplace. The good, the bad and the ugly–violence. In many states, overall violent incidents are up, and many episodes take place at work. What should an employer do? California is on the verge of enacting a bill requiring workplace violence prevention plans. As of […]

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The Pregnant Workers Fairness Act Breakdown

You Oughta Know: The Pregnant Workers Fairness Act Breakdown SEPTEMBER 18, 2023 BY FOLEYFOLEYPC Acting with uncharacteristic speed, the EEOC released proposed rules for the Pregnant Workers Fairness Act (PWFA), summarized here.  Prior to the PWFA, pregnancy was not considered a disability under the Americans with Disabilities Act (ADA) and even some pregnancy-related medical conditions were outside the […]

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Understanding Seasonal Employment: Top 7 Considerations Before Hiring

        by Karyn H. Rhodes | SHRM-SCP, SPHR, Complete Payroll Solutions  If you operate a seasonal business, then you know your staffing needs can be inconsistent throughout the year. One way to address this issue is to offer seasonal employment to ensure you’re adequately staffed when you need it most. But if […]

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H2B Workers: Please Practice Lawful Hiring Procedures

Published May 19, 2023, 10:47 am Recently one of our member businesses had two applicants that were H2B workers at the Chatham Bars Inn. As you know H2B workers are not allowed to work for another employer other than their designated sponsor(s). Hiring another employer’s H2B worker without having filed for that particular worker on […]

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New Law, New Poster: PUMP Act

New Law, New Poster: PUMP Act MARCH 27, 2023 BY FOLEYFOLEYPC Effective April 28, 2023, an employer that violates the PUMP for Nursing Mothers Act may be required to provide relief in the form of employment, reinstatement, promotion, payment of lost wages and liquidated damages. The PUMP Act was enacted the end of December, 2022, and most […]

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Tis the Season…Office Party Edition

Tis the Season…Office Party Edition foleyfoleypc Alycia Torres Nov 29, 2022 Bring on the holiday cheer and the holiday parties!  While you’re making your list, check it twice – for any potential liabilities. A  few simple steps can help minimize potential risks and keep your celebration on track. Liability can arise through a variety of issues, […]

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I Am the Walrus: Not in Your Workplace

I Am the Walrus: Not in Your Workplace Foley & Foley, PC August 31, 2022 We all love our pets. And for some people, pets could include alligators, snakes, ducks–you name it. Some people need their pets or animals for emotional support. Others need a service animal, not a pet, to help perform their job. Do […]

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CDC Loosens Up

CDC Loosens Up foleyfoleypc Aug 12 Yesterday, the Centers for Disease Control eased its guidelines for COVID precautions, which is good news for workplaces. The CDC is shifting the onus of quarantine and vaccination status to individuals. Noting that COVID is here to stay, the agency is meeting the virus where it is now. The divide between […]

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ADA Reminder: Summer Help Count

ADA Reminder: Summer Help Count July 6, 2022 | foleyfoleypc Can you believe it is July already? We are in the height of summer and what better time to review requests for accommodation under the Americans with Disabilities Act? As every HR person knows, the federal government (and many states) take a broad view of the […]

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