Human Resources Compliance

Compared with many states, Iowa’s laws governing the employment relationship are generally pretty employer friendly.   But, if some members of the Iowa House of Representatives get their way this legislative session, that will change in a hurry.   House members have introduced no fewer than twenty-one bills (21!) that add new or expand existing obligations and

Although “joint employment” is not a new legal concept, in recent years federal agencies such as the Department of Labor and National Labor Relations Board have made aggressive efforts to expand its application. The targets of those who seek to expand the concept of joint employment are typically employers who use independent contractors (common in

The U.S. Court of Appeals for the Fifth Circuit issued a potentially game-changing decision earlier this month on the EEOC’s Enforcement Guidance on criminal background checks.   The case is State of Texas v EEOC (5th Cir. 8/6/2019).   An applicant rejected for employment at the Texas Department of Public Safety  filed a complaint with

Arbitration continues to be popular with many employers.   Two significant factors driving employers to arbitration, and away from state and federal courts, are the potential for lower defense costs and reduced risk of runaway jury awards that seem to be more common than ever before.    Many lawyers think the benefits of arbitration are overstated and

Sometimes employers become conditioned to believing that an employee who has recently used FMLA leave is effectively immune from discipline or discharge.   It is no doubt true this employee presents a heightened litigation risk, but when the adverse action is handled properly the employer can mitigate that risk or at least make the potential claim

Stress [stres] (noun): a state of mental or emotional strain or tension resulting from adverse or very demanding circumstances.

Almost all types of work is stressful at least some of the time. Some jobs are inherently stressful.  So, how does an employer navigate an employee’s request for accommodation that is based upon a medical condition,

Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019.   The Wild opinion is the most recent case addressing the rights of employees who use medical marijuana.  Although the Court was addressing the question under New Jersey law, an Iowa court

On March 14, the Department of Labor issued an opinion letter to answer the following two questions about FMLA leave:  1) may an employer delay designating leave as FMLA covered, even if the leave is for a FMLA qualifying reason, to allow the employee to exhaust paid leave first;   2) may an employer expand an

In a widely publicized move, the U.S. Department of Labor on March 7 proposed an update to the Fair Labor Standards Act (FLSA) regulations governing employees who are exempt from overtime.   The most significant change in the proposal is to raise the minimum salary an employee must earn to qualify as exempt from overtime.  The